NEW"  ,:N -Mi.--.-: 

CODE  OF  ORDINANCES 

OF 

THE  CITY  OF  NEW  YORK 


M 

INCLUDING 


THE  SANITARY  CODE,  THE  BUILDING 
CODE  AND  PARK  REGULATIONS 


ADOPTED  JUNE  20,  1916 
WITH  ALL  AMENDMENTS  TO  JANUARY  1,  1922 


COMPILED    AND  ANNOTATED 
BY 

ARTHUR  F.  COSBY 

FORMERLY  ASSISTANT  CORPORATION  COUNSEL 


THE  BANKS  LAW  PUBLISHING  COMPANY 

23  PARK  PLACE,  NEW  YORK 

1922 


- 


' 


COPYRIGHT,  1907,  1908,  1909,  1910,  1911,  1912,  1913,  1914, 
1915,  1916,  1917,  1918,  1919,  1920,  1921,  1922. 

BY 

THE  BANKS   LAW   PUBLISHING   COMPANY. 


CODE  OF  ORDINANCES 

OF  THE 

CITY  OF  NEW  YORK 


AN  ORDINANCE  constituting  the  Code  of  Ordinances  of  the  City  of 
New  York 

BE  IT  ORDAINED  by  the  Board  of  Aldermen  of  the  City  of  New  York  as 
follows: 

Sec.  1.  The  following  shall  constitute 
THE  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

CHAPTER  1 

GENERAL  PROVISIONS 

PAGE 

Article  1.  Definitions 8-9 

2.  Miscellaneous  regulations 9-13 

CHAPTER  2 

ADMINISTRATIVE   PROVISIONS 

Article    1.  City  debt  and  sinking  funds 14-17 

2.  Contracts 17-22 

3.  Real  estate 22-24 

4.  The  mayor 24 

5.  The  president  of  the  board  of  aldermen 24 

6.  The  comptroller. 25 

7.  The  borough  presidents 25-26 

8.  Corporation  counsel 26 

9.  City  marshals 26-27 

10.  City  surveyors 27-28 

11.  Public  administrator 28 

12.  Public  employment  bureau 29 

13.  Taxes  and  assessments 29-30 

14.  Miscellaneous  regulations 30 


469l> 


2  COD*?    OF   ORDINANCES   OP  THE   CITY   OP  NEW   YORK 

CHAPTER  3 

AMUSEMENTS   AND   EXHIBITIONS 

PAGE 

Article.  1.  General  provisions 32-38 

2.  Motion-picture  exhibitions 38-43 

3.  Common  shows 44 


JOY   CHAPTER* 

BRIDGES 

Article    1.  General  provisions -. 46-47 

CHAPTER  5 

BUILDING   CODE 

Article    1.  General  provisions 49-55 

2.  Materials 55-58 

3.  Working  stresses  and  loads 58-63 

4.  Classification  of  buildings 64-66 

5.  Restricted  areas 66-73 

6.  Height,  size  and  arrangement 73 

7.  Light  and  ventilation 73-75 

8.  Exit  facilities 76-82 

9.  Projections  beyond  building  line 82-84 

10.  Safeguards  during  construction 84-87 

11.  Partition  fences  and  walls 87-88 

12.  Excavations  and  foundations 89-94 

13.  Masonry  construction 94-100 

14.  Wood  construction 100-102 

15.  Iron  and  steel  construction 102-106 

16.  Reinforced  concrete  construction 106-109 

17.  Fireproof  construction 110-116 

18.  Safeguards  against  the  spread  of  fire 116-122 

19.  Chimneys  and  heating  apparatus 122-129 

20.  Roofing  and  roof  structures 129-132 

21.  Miscellaneous  requirements 132-133 

22.  Frame  buildings 133-136 

23.  Buildings  of  a  public  character 136-137 

24.  Motion-picture  theatres 137-141 

25.  Theatres  and  other  places  of  amusement 141-150 

26. 

27.  Elevators 150-153 

28.  Fire  extinguishing  appliances 153-154 

29.  Plumbing  and  other  systems  of  piping 154-156 

30.  Altering,  changing  or  demolishing  buildings 156 

31.  Unsafe  buildings  and  collapsed  structures 156-161 

32.  Enforcement  of  chapter 161-167 


CODE    OF   ORDINANCES   OF  THE   CITY   OF   NEW   YORK  3 

CHAPTER  6 

CHARITIES 

PAGE 

Article    1.  Inmates  of  public  institutions 168-169 

CHAPTER  7 

CORRECTIONS 

Article    1.  Inmates  of  correctional  institutions 170-172 

CHAPTER  8 

DOCKS,  FERRIES  AND  HARBOR  CONTROL 

Article    1.  General  provisions 173 

2.  Apportionment  of  wharf  property 173-176 

3.  Buildings  and  structures  on  wharf  property.  .  .  .  176-178 

4.  Maintenance  of  wharf  property 178-181 

5.  Discharge  and  storage  of  cargoes 181-182 

6.  Wharfage  rates 182-185 

7.  Ferries 185 

8.  Protection  of  navigation 185-186 


CHAPTER  9 

ELECTRICAL  CONTROL 

Article    1.  General  provisions 187-191 

2.  Generators,  motors,  switchboards 191-197 

3.  Outside  work 197-200 

4.  Inside  work 200-229 

5.  Fittings,  materials  and  details  of  construction .  .  .  229-258 

6.  Miscellaneous 258-262 

7.  Violations . .  .....  262 


CHAPTER  10 

EXPLOSIVES    AND    HAZARDOUS   TRADES 

Regulations  of  the  Municipal  Explosives  Commission 

Article    1.  General  provisions 263-268 

2.  Certificates  and  permits 268-270 

3.  Bonds  and  fees 270-275 

4.  Manufacture,  storage,  sale,  transportation  and 

use  of  explosives 275-284 

5.  Ammunition 285-286 

6.  Fireworks 286-290 

7.  Matches 290-291 


4  CODE    OF  ORDINANCES   OP  THE   CITY   OF   NEW   tOBK 

PAGE 

Article   8.  Mineral  oils 291-295 

9.  Inflammable  mixtures 296-299 

10.  Combustible  mixtures 299-300 

11.  Garages , .  .300-304 

12.  Motor  vehicle  repair  shops 304 

13.  Dry  cleaning  and  dry  dyeing  establishments .....  305-307 

14.  Motor  cycle  repair  shops  and  storage  plants. .  .  .  307-308 

15.  Paints,  varnishes  and  lacquers 308 

16.  Calcium  carbide 308 

17.  Gases  under  pressure 309-313 

18.  Refrigerating  plants 314-315 

19.  Nitro-cellulose -. .  .315-316 

20.  Inflammable  motion-picture  films 317-318 

21.  Distilled  liquors  and  alcohols 318 

22.  Oils  and  fats 318-319 

23.  Technical  establishments 319 

24.  Wholesale  drug  stores  and  drug  and  chemical 

supply  houses 320-325 

25.  Retail  drug  stores 325-327 

26.  Miscellaneous 328 

CHAPTER  11 

FIRE-ARMS 

Article    1.  General  provisions 329-331 

CHAPTER  12 

FIRES  AND   FIRE   PREVENTION 

Article    1.  Fire  extinction 332-335 

2.  Fire  prevention 335-339 

CHAPTER  13 

HOSPITALS 

Article    1.  General  provisions 340 

CHAPTER  14 

LICENSES 

Article    1.  General  provisions 341-344 

2.  Billiard  and  pool  tables 344 

3.  Bowling  alleys 344 

4.  Dealers  in  second-hand  articles 345-348 

5.  Dirt  carts 348 

6.  Express  and  expressmen 348-349 

7.  Exterior  hoists 349 

8.  Hacks,  cabs  and  taxicabs 350-360 


CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK       5 

PAGE 

Article   9.  Junk  dealers 360-362 

9a.  Pawnbrokers 362 

10.  Peddlers,  hawkers  and  venders 363-364 

11.  Public  carts  and  cartmen 364-366 

12.  Public  porters 366-367 

13.  Shooting  galleries 368 

14.  Street  musicians 368-369 

16.  Massage  Institutes 369 

16.  Lessees  of  tenements 370 

17.  Bathing  establishments  and  bath-house  keepers. .  370-371 

18.  Soliciting  contributions  in  public 371 

CHAPTER  15 

MARKETS 

Article  1.  General  provisions 372-373 

2.  Location  and  designation  of  public  markets 373-379 

3.  Farmers  and  market  gardeners 379-380 

4.  Manufacture  and  sale  of  ice 380-383 

CHAPTER   16 

MUNICIPAL  CIVIL  SERVICE 

Article  1.  General  provisions 384-385 

2.  Special  provisions 385 

CHAPTER  17 

PARKS,  PARKWAYS  AND  PARK-STREETS 

(Regulations  of  the  Park  Board) 

Article  1.  General  provisions 386-389 

2.  Traffic  regulations 390-394 

3.  Projections  upon  parks,  parkways  or  park  streets. .  394-397 

4.  Miscellaneous 397-398 

CHAPTER   18 

POLICE  AND  FIRE 

Article  1.  Boiler  inspection 399 

.      2.  Uniformed  force 399-400 

CHAPTER  19 

RAILROADS 

Article  1.  Elevated  railroads 401-402 

2.  Street  railroads 402^03 

3.  Trunk  line  railroads 403-404 


b  CODE   OF  ORDINANCES  OF  THE   CITY   OF  NEW  YORK 

CHAPTER  20 

PAGE 
SANITARY  CODE .405-485 

CHAPTER  21 

SEWERS  AND  DRAINS 

Article  1.  General  provisions 486 

2.  Construction 486-488 

3.  Maintenance 488-489 

CHAPTER  22 

STREET  CLEANING 

Article  1.  General  provisions —         490 

2.  Refuse  and  rubbish 490-492 

3.  Snow  and  ice .  .  . 492-495 

CHAPTER  23 

STREETS 

Article    1.  General  provisions 496-498 

2.  Advertisements,  placards  and  posters 498 

3.  Assemblies 498-499 

4.  Auctions  and  other  sales 499-500 

5.  Awnings 500 

6.  Boundaries  and  monuments 501-502 

7.  Construction  and  repair 502-504 

8.  Disturbance  of  surface 504 

9.  Excavations. .  .  .' 505-509 

10.  House  numbering 509-510 

11.  Lights 510 

12.  Noises 511-513 

13.  Obstructions  and  incumbrances 513-525 

14.  Projections  and  encroachments 525-528 

15.  Sidewalks 528-531 

16.  Signs  and  show-bills 531-537 

17.  Vaults 537-540 

18.  Miscellaneous 540 

19.  Laying  and  installation  of  pipes,  main  and  con- 

duits          541 

CHAPTER  24 

TRAFFIC   REGULATIONS 

Article  1.  General  provisions 542 

2.  Rules  of  the  road .542-551 

3.  Miscellaneous  regulations 551-555 


CODE   OP   ORDINANCES  'OF  TBE   CITY^  OF  "rTFW    YO>tK  7 

CHAPTER  25 

WATER  SUPPLYS 

PAGE 

Article  1.  Construction  and  maintenance 556-557 

2.  Rents  and  charges 557-560 

3.  Use  of  water 560-561 

CHAPTER  26 

WEIGHTS  AND  MEASURES 

Article  1.  Bureau  of  weights  and  measures 562 

2.  Regulation  of  weights  and  measures 563-566 

3.  Standards  for  various  commodities 566-569 

CHAPTER  27 

MISCELLANEOUS 570-574 

CHAPTER  28 
REPEAL 575-578 

By  section  41  of  the  Greater  New  York  Charter  (L.  1897.  chap.  378),  all  ordi- 
nances of  the  local  boroughs  in  the  City  of  New  York,  when  not  inconsistent  with 
the  charter,  were  continued  in  force.  But  the  Board  of  Aldermen  was  given  full 
power  and  authority  to  pass  ordinances  governing  all  the  boroughs  by  sections  42, 
44,  49,  50  and  51,  and  to  modify,  amend  or  repeal  any  ordinances  of  the  local  bor- 
oughs. This  code  repeals  all  special  and  village  laws  heretofore  still  in  force  in 
the  Greater  New  York  and  makes  all  ordinances  general  throughout  the  city. 
These  general  powers  were  continued  by  the  revision  of  1901  (L.  1901,  chap.  466). 
The  revised  charter  (sec.  57)  requires  an  annual  compilation  by  the  Board  of  Alder- 
men on. January  first  of  the  general  ordinances  in  force.  It  is  in  pursuance  of  this 
section  this  code  was  prepared. 


b  CODE   OF^QPpINANCES   OF  THE    CITY   OF  NEW   YORK 

, 

CHAPTER  1 

General  Provisions 

Article  1.  Definitions. 

2.  Miscellaneous  regulations.     • 


ARTICLE  1 

DEFINITIONS 


Sec.  1.  Definitions. 


SEC.  1.  Definitions. — Unless  otherwise  expressly  stated,  whenever 
used  in  this  ordinance  the  following  terms  shall  respectively  be 
deemed  to  mean: 

Alderman,  a  member  of  the  board  of  aldermen; 

2.  Board  of  estimate,  the  board  of  estimate  and  apportionment; 

3.  Bureau,  board,  office,  commission,  department  or  commissioner, 
the  bureau,  board,  office,  commission,  department  or  commissioner 
to  which  or  to  whom  the  section,  article  or  chapter,  in  which  the 
term  is  used,  relates; 

4.  Charter,  the  Greater  New  York  Charter; 

5.  City,  the  city  of  New  York  as  constituted  by  the  charter; 

6.  Code  of  ordinances,  the  code  of  ordinances  of  the  city; 

7.  County,  a  county  wholly  included  within  the  city; 

8.  Day,  a  calendar  day  exclusive  of  Sundays  and  full  legal  holi- 
days; 

9.  Department,  includes  each  bureau  and  division  of  the  depart- 
ment; 

10.  Employee,  any  person  whose  salary  or  compensation  is  paid 
out  of  the  city  treasury,  other  than  an  officer  designated  as  such  by 
ordinance  or  statute; 

11.  Local  improvement,  an  improvement  the  expense  of  which  is 
assessed,  in  whole  or  in  part,  upon  the  property  deemed  benefited; 

12.  Park,  includes  parkway; 

13.  Person,  a  natural  person,  corporation,  association,  joint-stock 
association,  firm  and  copartnership; 

14.  Port  of  New  York,  the  public  waters  embraced  within,  ad- 
jacent to  or  opposite  the  shores  of  the  city  and  over  which  the  state 
of  New  York  has  jurisdiction; 

15.  Public  property,  any  property  rights  and  interests  owned  by 
the  city  as  well  as  all  "streets,"  "parks,"  "water  front  property,  ' 
and  public  places  and  waters  within  or  belonging  to  the  city; 

16.  Real  property,   any  lands,  lands  under  water,   water  front 
property,  the  water  of  any  lake,  pond  or  stream;  all  easements  and 
hereditaments,  corporeal  or  incorporeal,  and  every  estate,  interest  and 
right,  legal  and  equitable,  in  lands  or  water,  and  any  right,  interest, 
privilege,  easement  and  franchise  relating  to  the  same,  including  terms 
for  years  and  liens  by  way  of  judgment,  mortgage  or  otherwise; 

17.  Sewer,  a  sewer,  drainage  canal,  drain  and  sewage  disposal  work; 


GENERAL  PROVISIONS  9 

18.  Street,  any  street,  avenue,  road,  alley,  lane,  highway,  boule- 
vard, concourse,  driveway,  culvert,  sidewalk  and  crosswalk,  every 
class  of  public  road,  square  and  place,  except  marginal  wharf; 

19.  Street  purposes,  the  purposes  of  a  street,  park,  bridge  or  tunnel 
or  approach  to  either,  except  marginal  wharf; 

20.  Vessel,  a  lighter,  tender  or  other  boat  or  ship,  whatever  its 
means  of  propulsion; 

21.  Water  front  property,  any  wharf,  marginal  wharf,  pier,  dock, 
ferry  terminal,  bulkhead,  slip  or  basin,  and  all  structures  thereon, 
and  the  land  under  water  beneath  the  same,  and  lands  under  water 
below  high-water  mark,  and  all  easements  appurtenant  thereto, 
and  upland  and  made  land  adjacent  to  such  wharf,  pier,  dock,  bulk- 
head, slip,  basin  and  lands  under  water,  jurisdiction  over  which  is 
possessed  by  or  may  be  assigned  to  the  department  of  docks  and 
ferries  by  the  sinking  fund  commission,  together  with  the  easements, 
uses,  reversions  and  appurtenances  belonging  to  the  same;  except- 
ing therefrom  such  upland  or  made-land  as  constitutes  a  street, 
the  driveway  authorized  by  chapter  102  of  the  laws  of  1893  and  acts 
amending  the  same,  and  such  lands  as  have  been  or  shall  be  acquired 
for  public  parks; 

22.  Water  rents,  the  expense  of  meters,  with  their  installation, 
connections,  setting  and  maintenance,  and  all  rents,  rates  and  other 
charges  for  water  supply,  and  all  fines  and  penalties  imposed  for 
violations  of  laws  or  ordinances  relating  to  water  supply ; 

23.  Water  supply  purposes,  the  purposes  of  maintaining,  preserv- 
ing and  increasing  the  city's  water  supply  and  preventing  its  con- 
tamination or  pollution. 

ARTICLE  2 

MISCELLANEOUS  REGULATIONS 

Sec.  2.  City  seal. 

§  3.  Official  city  flag. 

§  4.  Mayor's  flag. 

§  4a.  Aldermanic  flag. 

§  5.  Flags  and  decorations  on  city  hall. 

§  6.  Publication  of  general  ordinances. 

§  7.  Designation  of  acting  head  of  department. 

§  8.  Office  hours. 

§  9.  Meetings  of  boards. 

§  10.  Municipal  reference  library  to  have  reports,  etc. 

§11.  Sales  of  waste  material. 

Sec.  2.  City  seal. — a.  Description.  The  corporate  seal  of  The  City 
of  New  York,  as  adopted  by  the  common  council  on  July  24, 
1686,  with  the  alteration  adopted  by  the  common  council  on  March 
16,  1784,  is  hereby  re-established,  and  the  following  device  is  hereby 
adopted  as  the  device  of  said  seal,  to  wit: 

Arms:  Upon  a  shield,  saltire-wise,  the  sails  of  a  windmill.  Between 
the  sails,  in  chief  a  beaver,  in  base  a  beaver,  and  on  each  flank  a 
flour  barrel; 

Supporters:  Dexter,  a  sailor,  his  right  arm  bent,  and  holding  in 
his  right  hand  a  plummet;  his  left  arm  bent,  his  left  hand  resting  on 


10 


:COf)V  ^?F-  O*RtfiNAi^ES'  OF  THE*  CITY   OF   NEW   YORK 


the  top  of  the  shield;  above  his  right  shoulder  a  cross-staff.  Sinister, 
an  Indian  of  Manhattan,  his  right  arm  bent,  his  right  hand  resting 
on  the  top  of  the  shield,  his  left  hand  holding  the  upper  end  of  a 
bow,  the  lower  end  of  which  rests  on  the  ground.  Shield  and  sup- 
porters resting  upon  a  horizontal  laurel  branch; 

Date:  Beneath  the  horizontal  laurel  branch  the  date  1664,  being 
the  year  of  the  capture  of  New  Amsterdam  by  the  English  and  the 
first  use  of  the  name  of  the  City  of  New  York ; 

Crest:  Upon  a  hemisphere,  an  American  eagle  with  wings  dis- 
played; 

Legend:  Upon  a  ribbon  encircling  the  lower  half  of  the  design  the 
words  "  Sigillum  Civitatis  Novi  Eboraci"; 

The  whole  encircled  by  a  laurel  wreath. 

b.  Design.  The  following  design  is  hereby  adopted  as  the  official 
and  standard  design  of  such  corporate  seal: 


c.  Execution  and  custody  of.  The  city  clerk  shall  cause  to  be 
executed  and  cast  in  bronze  a  model  of  the  foregoing  design  as  the 
standard  corporate  seal  of  the  city  and  shall  keep  the  same  in  his 
custody.  The  city  clerk  shall  also  cause  the  said  design  to  be  en- 


GENERAL  PROVISIONS  11 

graved  in  accurate  conformity  therewith  upon  metal  as  the  seal  of 
the  city  and  shall  keep  and  affix  the  same,  as  provided  in  §  31  of  the 
charter;  and  he  shall  also  provide  in  the  same  manner  for  all  other 
officers  of  the  city  who  are  required  or  authorized  by  law  to  have  or 
use  the  corporate  seal  of  the  city. 

d.  Date  of  effect  and  use  of.  On  and  after  June  24, 1915,  the  said 
seal  shall  be  used  for  all  requisite  purposes  and  all  representations 
of  the  seal  of  the  city  impressed  or  printed  on  and  after  said  date  on 
documents,  publications  or  stationery  issued  or  used  by  or  in  the 
name  or  under  the  authority  of  the  city  or  of  any  borough  or  depart- 
ment thereof,  or  carved,  or  otherwise  represented  on  buildings  or 
structures  owned  by  the  city;  or  otherwise  officially  portrayed  shall 
be  in  exact  conformity  with  the  aforesaid  standard  design  without 
alteration  or  addition,  except  that  the  legend  "Sigillum  Civitatis 
Novi  Eboraci"  may  be  omitted  when  the  design  is  used  on  the 
city  flag  or  for  architectural  or  ornamental  purposes.  The  seals  now 
in  use  by  the  city  clerk  and  by  any  other  city  officers  shall  be  defaced 
and  cancelled  on  said  date  by  the  city  clerk  and  shall  remain  in  his 
custody. 

Any  representation  of  the  City  seal  used  on  any  vehicle  other 
than  one  owned  or  used  by  the  City,  shall  subject  the  owner  of  such 
vehicle  to  a  fine  of  $25  or  by  imprisonment  for  a  term  not  exceeding 
10  days.  (Adopted  March  8,  1921,  approved  March  14,  1921.) 

§  3.  Official  city  flag. — The  following  design  is  hereby  adopted  as 
the  design  of  the  official  flag  of  the  city  and  as  a  substitute  for  the 
flag  now  in  use,  to  wit: 

A  flag  combining  the  colors  orange,  white  and  blue,  arranged  in 
perpendicular  bars  of  equal  dimensions  (the  blue  being  nearest  to 
the  flagstaff)  with  the  standard  design  of  the  seal  of  the  city  in  blue 
upon  the  middle,  or.  white  bar,  omitting  the  legend  "Sigillum  Civi- 
tatis Novi  Eboraci,"  which  said  colors  shall  be  the  same  as  those  of 
the  flag  of  the  United  Netherlands  in  use  in  the  year  1626. 

And  the  American  flag  shall  be  displayed  on  all  city-owned  or 
other  buildings  occupied  by  any  city  department  or  institution  of 
whatever  character  on  all  days  of  the  year,  excepting  Sundays. 
(Amend,  app.  February  27,  1917.) 

§  4.  Mayor's  flag. — The  official  flag  of  the  mayor  shall  be  the  same 
in  design  as  the  official  flag  of  the  city,  except  that  upon  the  middle 
or  white  bar  there  shall  be  above  the  design  of  the  seal  in  a  semi- 
circle, five  blue-pointed  stars,  typifying  the  five  boroughs  of  the  city; 
the  dimensions  of  such  flag  shall  be  thirty-three  inches  by  forty-four 
inches.  (Amend,  app.  May  1,  1915.) 

§  4a.  Aldermanic  flag. — The  official  flag  of  the  board  of  alder- 
men shall  be  the  same  in  design  as  the  official  flag  of  the  city,  ex- 
cept that  upon  the  middle  or  white  bar  there  shall  be  below  the 
design  of  the  seal,  in  a  straight  line,  the  words  "Board  of  Alder- 
men"; the  dimensions  of  such  flag  shall  be  the  same  as  the  standard 
size  of  flags  used  for  state  and  parade  occasions.  (Approved  Nov.  8, 
1918.) 

§  5.  Flags  and  decorations  on  city  hatt. — All  power  and  authority 
to  display  flags  or  other  decorations  on,  in  or  about  the  city  hall,  or 
other  public  buildings  within  the  City  Hall  park,  is  hereby  vested 
in  the  mayor,  unless  otherwise  ordered  by  the  board  of  aldermen, 


12  CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

by  a  vote  of  a  majority  of  all  the  members  elected  to  the  board. 
(Amend,  app.  May  1,  1915.) 

The  section  numbers  of  this  article  were  renumbered  as  above  by  the  amend- 
ment approved  May  1,  1915. 

§  6.  Publication  of  general  ordinances.  1.  Proposed  ordinances. — 
The  clerk  of  the  board  of  aldermen  shall  have  printed,  within  4  days 
after  the  introduction  thereof,  500  copies  of  each  proposed  ordinance 
which  adds  to,  amends,  alters  or  repeals  any  provision  of  the  code  of 
ordinances.  All  ordinances  amending  or  repealing  any  existing  law 
or  ordinance  shall,  when  printed,  contain  in  brackets  the  parts  re- 
pealed, and  all  new  matter  shall  be  printed  in  italics.  Each  ordi- 
nance, printed  in  accordance  with  the  provisions  of  this  subdivision, 
shall  bear  the  name  of  the  introducer  and  its  introductory  number, 
and  a  brief  statement  of  the  disposition  made  thereof  upon  its  intro- 
duction. A  copy  of  each  ordinance,  printed  in  accordance  with  the 
provisions  hereof,  shall  be  delivered  or  mailed  by  the  city  clerk  to  the 
head  of  every  department  and  bureau  in  the  city.  The  remaining 
copies  shall  be  retained  by  him  for  distribution,  within  his  discretion, 
to  persons  desiring  the  same;  provided,  however,  that  he  shall  always 
retain  at  least  50  copies  until  such  time  as  the  ordinance  shall  have 
taken  effect,  or  the  term  of  the  members  of  the  board,  during  which 
it  was  introduced,  shall  have  expired.  (Ord.  Nov.  11,  1913;  revised.) 

2.  Adopted  and  approved  ordinances. — The  clerk  of  the  board  Of 
aldermen  shall  cause  300  copies  of  each  general  ordinance  to  be 
published  in  separate  leaflet  form,  consecutively  numbered  and 
paged  in  the  form  and  style  of  the  Session  Laws  of  the  State  of  New 
York,  within  10  days  after  its  approval  by  the  mayor,  or  upon  its 
taking  effect  without  his  approval  or  disapproval,  or  after  reconsid- 
eration and  readoption  by  the  board  of  aldermen  subsequent  to  his 
disapproval  thereof,  as  provided  by  section  40  of  the  charter,  as 
amended  and  supplemented,  except  that,  if  an  ordinance  shall  be 
of  such  a  nature  that  demand  for  copies  may  be  in  excess  of  300  the 
clerk  may,  by  requisition  on  the  Supervisor  of  the  City  Record,  apply 
for  more  copies  than  herein  provided. 
Adopted  July  10,  1917.  Became  effective  September  18,  1917. 

§  7.  Designation  of  acting  head  of  a  department. — The  mayor  is 
authorized  to  designate  some  senior  officer  in  any  department  or 
bureau,  to  serve  as  the  acting  commissioner  or  chief  of  the  depart- 
ment or  bureau  when  the  commissioner  or  chief  thereof  is  absent 
from  the  city,  or  sick,  for  more  than  10  consecutive  days;  provided 
such  commissioner  or  chief  of  department  or  bureau  is  not  authorized 
by  law  to  designate  any  subordinate  to  act  in  his  place,  or,  if  so 
authorized,  has  failed  to  make  such  designation.  The  mayor  may 
authorize  any  acting  commissioner  or  chief  of  bureau  to  make  ap- 
pointments or  removals  during  the  term  of  his  designation,  which 
shall  not  exceed  30  days  and  may  be  revoked  at  any  time  by  the 
mayor.  Where  a  bond  is  required  by  law  from  the  commissioner 
or  chief  of  bureau,  a  similar  bond  shall  be  given  by  the  acting  com- 
missioner or  chief  of  bureau,  designated  pursuant  to  the  authority 
conferred  by  this  section.  (Ord.  Nov.  19,  1913;  revised.) 

§  8.  Office  hours. — Except  as  herein  otherwise  provided,  the  office 
hours  for  all  public  offices  of  the  city,  and  of  all  county  offices  within 
the  city,  unless  otherwise  fixed  by  law,  shall  be  from  9  o'clock  a.  m. 


GENERAL  PROVISIONS  13 

to  5  o'clock  p.  m.;  provided,  however,  that  the  head  of  a  city  office 
or  department,  or  a  county  officer  who  comes  \\ithin  the  foregoing 
provision  of  this  section,  may  adopt  a  rule  that  his  office  shall  be 
closed  to  the  public  at  4  p.  m.  when  in  his  judgment  the  period  be- 
tween the  hours  of  4  p.  m.  and  5  p.  m.  is  required  for  the  perform- 
ance of  the  work  of  his  office.  During  the  months  of  July  and  August 
the  office  hours  of  such  offices  shall  be,  if  the  head  of  the  office  or 
department  in  his  discretion  so  orders,  from  9  o'clock  a.  m.  to  4 
o'clock  p.  m.  The  foregoing  provisions  shall  be  subject  to  the  quali- 
fication that  on  Saturdays  the  office  hours  of  such  office  shall  be 
from  9  o'clock  a,  m.  to  12  o'clock  noon.  (C.  O.  §  489  as  amend.) 

§  9.  Meetings  of  boards. — All  meetings  of  boards  or  commissions, 
constituting  departments  of  the  government  of  the  city,  shall  be 
held  openly,  and  shall  in  all  cases  be  accessible  to  the  public.  They 
shall  be  held  at  such  times  and  places  as  the  board  or  commission 
may  determine,  and  due  notice  thereof  shall  be  published  daily  in 
the  City  Record.  (C.  O.,  §  488.) 

§  10.  Municipal  reference  library,  to  have  official  reports,  etc. — The 
head  of  each  department,  bureau,  board,  commission  or  office  of 
the  city  shall  transmit  to  the  municipal  reference  branch  of  the 
New  York  Public  Library,  in  the  municipal  building  in  the  borough 
of  Manhattan,  4  copies  of  each  annual  or  quarterly  report  or  other 
publication  of  such  department,  bureau,  board,  commission  or  office, 
immediately  after  the  same  shall  have  been  issued.  (New.) 

§  11.  Sales  of  waste  material. — All  old  and  waste  material,  under 
the  care  of  any  department,  shall  be  sold  from  time  to  time  as  may 
be  deemed  best  for  the  public  interest,  in  accordance  with  law. 
Any  such  sale  shall  be  conducted  under  the  immediate  supervision 
of  the  head  of  the  bureau  having  charge  of  the  material  to  be  sold 
and  the  proceeds  thereof  shall  be  collected  by  him  and  transmitted, 
within  24  hours,  to  the  head  of  the  department  for  deposit  in  the 
city  treasury,  except  as  otherwise  specially  provided  by  law  or 
ordinance.  (C.  O.,  §490,  revised.) 


14  CODE    OF   ORDINANCES   OF   THE    CITY    OF   NEW    YORK 

CHAPTER  2 
Administrative  Provisions 

Article     1.  City  debt  and  sinking  funds. 

2.  Contracts. 

3.  Real  estate. 

4.  The  mayor. 

5.  The  president  of  the  board  of  aldermen. 

6.  The  comptroller 

7.  The  borough  presidents. 

8.  Corporation  counsel. 

9.  City  marshals. 

10.  City  surveyors. 

11.  Public  administrator. 

12.  Public  employment  bureau. 

13.  Taxes  and  assessments. 

14.  Miscellaneous  regulations. 

ARTICLE  1 

CITY   DEBT   AND    SINKING    FUNDS 

Sec.     1.  Definitions;  saving  clause. 
§  2.  Assessment  bonds. 

§  3.  Board  of  commissioners  of  the  sinking  fund;  quorum. 
§  4.  Sinking  Fund  of  the  City  of  New  York  for  the  Redemption 

of  the  City  Debt;  sources  of  income. 
§  5.  Sinking  Fund  of  the  City  of  New  York  for  the  Payment  of 

Interest. 

§  6.  Collection  of  income  of  sinking  funds. 
§  7.  Bonds  and  mortgages  due  the  city;  duties  of  comptroller. 
§  8.  Investment  of  moneys  of  the  sinking  fund  for  redemption  of 

the  city  debt. 
§  9.  Record  of  proceedings  of  the  board;  report  to  board  of 

aldermen. 

Sec.  1.  Definitions;  saving  clause. — The  term  city  debt  and  city 
stock  used  in  this  article  shall  be  construed  to  mean  any  bonds  or 
stocks,  or  notes  issued  in  anticipation  of  the  issue  of  bonds  or  stock, 
created  by  the  former  corporation  of  the  City  of  New  York,  or  by  the 
city  as  constituted  by  the  charter.  Nothing  in  this  article  shall  be 
so  construed  as  to  impair  or  affect  any  pledge  heretofore  made,  and 
now  existing,  of  any  property  or  its  proceeds,  embraced  in  any 
ordinance  relating  to  the  city  debt.  (C.  O.  §  70,  with  subd.  10,  §  54.) 

§  2.  Assessment  bonds. — The  comptroller  shall  keep  an  account  of 
all  assessment  bonds  issued  by  him,  specifying  the  particular  work 
on  account  of  which  the  same  shall  have  been  issued;  and  all  moneys 
collected  on  account  of  any  work  for  the  payment  of  which  said  bonds 
were  issued  shall  be  applied  to  the  payment  of  such,  bonds.  (C.  Q. 
§  524,  revised.) 


ADMINISTRATIVE   PROVISIONS  15 

§  3.  Board  of  commissioners  of  the  sinking  fund;  quorum. — Any 
four  or  more  of  the  members  of  the  board  of  commissioners  of  the 
sinking  fund,  as  constituted  by  the  charter,  of  whom  the  comptroller 
shall  be  one,  shall  be  and  are  hereby  authorized  to  discharge  the 
trusts  and  duties  vested  in  them  by  this  article.  (C.  O.  §  56,  re- 
vised.) 

§  4.  Sinking  Fund  of  the  City  of  New  York  for  the  Redemption  of  the 
City  Debt;  sources  of  income. — All  moneys  heretofore  received  and 
hereafter  to  be  received  from  the  following  sources  are  hereby  pledged 
and  appropriated  to  and  shall  constitute  and  form  a  fund  called  the 
Sinking  Fund  of  the  City  of  New  York  for  the  Redemption  of  the 
City  Debt,  until  the  whole  of  the  stocks  of  the  city  shall  be  finally 
and  fully  redeemed,  namely: 

1.  For  commutation  of  quit-rents  on  grants; 

2.  For  quit-rents  arising  from  such  grants  as  were  issued  prior  to 
the  year  1804; 

3.  The  net  proceeds  of  all  sales  of  real  estate  belonging  to  the  city, 
except  when  the  same  are  made  payable  to  a  fund,  the  purpose  of 
which  is  restricted  to  the  purchase  of  other  real  estate,  as  provided 
by  the  charter; 

4.  The  net  proceeds  of  all  bonds  and  mortgages  payable  to  the 
city  when  collected,  except  when  the  said  bonds  and  mortgages  are 
part  of  the  proceeds  of  the  sale  of  real  estate  and  the  proceeds  thereof 
are  deposited  in  a  fund,  the  purpose  of  which  is  restricted  to  the 
purchase  of  other  real  estate,  as  provided  by  the  charter; 

5.  For  licenses  to  pawnbrokers  and  dealers  in  the  purchase  or 
sale  of  secondhand  furniture,  metals  or  clothes; 

6.  For  public  hack  licenses  and  compensation  paid  on  account  of 
street  vaults; 

7.  For  exclusive  occupation  of  private  wharves,  basins  and  piers; 

8.  For  market  fees  and  market  rents; 

9.  All  such  other  sources  of  revenue  or  sums  of  money  as  the  board 
of  estimate  and  the  board  of  aldermen  may  appropriate  to  said  fund. 
The  revenues  herein  assigned  for  the  redemption  of  the  city  debt 
shall  be  kept  distinct  from  all  other  revenues  payable  to  the  board 
of  commissioners.    (C.  O.  §  53  revised,  and  §  65.) 

§  5.  Sinking  Fund  of  the  City  of  New  York  for  the  Payment  of 
Interest. — All  moneys  hereafter  to  be  received  from  the  following 
sources  are  pledged,  appropriated  and  are  to  be  applied  to  and  con- 
stitute and  form  a  fund  to  be  called  "The  Sinking  Fund  of  the  City 
of  New  York  for  the  Payment  of  Interest  Accruing  and  to  Accrue 
Upon  the  Stocks  of  the  City  of  New  York,"  until  the  same  shall  be 
fully  and  finally  redeemed,  namely: 

1.  For  interest  on  all  bonds  and  mortgages  owned  by  the  city, 
issued  prior  to  January  1,  1898; 

2.  For  fees  heretofore  known  as  mayoral  fees  now  collectible  by 
the  department  of  licenses,  except  as  otherwise  provided  by  law; 

3.  For  fines  and  penalties,  except  as  otherwise  provided  by  law; 

4.  For  fees  and  fines  collected  by  the  clerks  of  the  courts  for  the 
city,  except  as  otherwise  provided  by  law; 

5.  Rents  from  all  sources  not  otherwise  pledged; 

6.  For  the  sale  of  all  property  of  the  city  other  than,  real  estate, 
except  as  otherwise  provided  by  law. 


16  CODE    OF   ORDINANCES    OF   THE    CITY    OF   NEW    YORK 

All  moneys  constituting  the  fund  for  the  payment  of  interest  on  the 
city  debt,  whenever  required  to  meet  such  interest,  shall  be  drawn 
from  the  treasury  by  a  warrant  signed  by  the  commissioners  of  the 
sinking  fund  or  any  four  of  them,  the  comptroller  being  one.  (C.  O. 
§§  54,  66;  revised.) 

§  6.  Collection  of  income  of  sinking  funds. — The  comptroller  shall 
superintend  the  collection  of  all  rents,  interest  and  demands  due 
the  sinking  funds,  and  direct  all  necessary  measures  to  complete  the 
payment  of  them  and  report  the  condition  of  same  to  the  board  of 
aldermen  quarterly.  (C.  O.  §  41.) 

§  7.  Bonds  and  mortgages  due  the  city;  duties  of  comptroller. — The 
comptroller  is  hereby  authorized,  with  the  sanction  of  the  board  of 
commissioners  of  the  sinking  fund,  to  assign  any  bond  or  mortgage 
held  by  the  board  to  any  person  or  persons  who  may  elect  to  take 
such  assignment,  upon  the  payment  in  full  of  the  principal  and  in- 
terest due  on  said  bond  and  mortgage;  and  the  mayor  and  city  clerk 
are  hereby  authorized  and  directed  to  execute,  under  their  hands  and 
the  seal  of  the  city,  any  such  assignment,  upon  evidence  being  ex- 
hibited to  them,  showing  that  the  principal  and  interest  of  such  bond 
and  mortgage  have  been  paid  into  the  treasury  of  the  city  to  the 
credit  of  the  board  of  commissioners  of  the  sinking  fund.  Upon  the 
payment  of  any  bond  and  mortgage  in  full,  the  comptroller  shall 
prepare  and  cause  to  be  executed  a  proper  satisfaction  of  such  bond 
and  mortgage;  which  the  mayor  and  city  clerk  are  hereby  authorized 
to  execute,  upon  the  production  of  evidence  that  the  bond  and  mort- 
gage has  been  paid,  as  provided  in  the  preceding  sentence  of  this 
section.  But  no  release  of  any  part  of  the  premises  contained  in  such 
mortgage,  from  the  lien  created  by  such  mortgage  thereon,  shall  be 
made  or  executed  by  them.  (C.  O.  §§  43,  44.) 

§  8.  Investment  of  moneys  of  the  sinking  fund  fpr  redemption  of  the 
city  debt. — The  board  shall,  from  time  to  time,  invest  the  moneys 
which  shall  constitute  the  sinking  fund  for  the  redemption  of  the 
city  debt,  or  as  much  as  it  can,  in  the  purchase  of  stocks  created  by 
the  city  at  not  exceeding  the  market  price  therefor;  and  if,  at  any 
time,  such  investments  cannot  be  made  to  the  advantage  of  the  city, 
then  the  board  shall  be  authorized  to  invest  the  said  moneys,  or 
such  part  thereof  as  they  may  see  fit,  either  in  the  purchase  of  stock 
of  the  state  of  New  York,  or  of  stock  or  bonds  of  the  United  States, 
notwithstanding  such  stock  or  bonds  may  be  above  the  par  value 
thereof.  The  powers  conferred  in  this  section  shall  be  so  construed 
as  to  render  it  imperative  on  the  board,  at  all  times  to  give  preference 
to  the  purchase  of  city  stock,  if  the  same  can  be  procured  at  a  reason- 
able rate.  Whenever  the  board  shall  have  invested  any  part  of  the 
said  fund  in  the  purchase  of  the  stocks  of  this  state  or  of  the  United 
States,  and  shall  at  any  time  thereafter  be  enabled  to  purchase  any 
of  the  city  stocks,  at  such  prices  as  the  commissioners  may  judge  best 
for  the  public  interest,  they  shall  forthwith  sell  and  dispose  of  said 
stocks  of  the  state  or  of  the  United  States  and  invest  the  net  proceeds 
thereof  in  city  stock,  if,  in  their  opinion,  such  disposition  would  be 
beneficial  to  the  public  interest.  Whenever  the  board  shall  have 
invested  any  part  of  the  said  fund  in  the  purchase  of  city  stock,  and 
shall  at  any  time  thereafter  be  enabled  to  purchase  any  of  the  city 
stock  which  shall  be  by  its  terms  redeemable  at  an  earlier  day,  the 


ADMINISTRATIVE   PROVISIONS  17 

board  may  forthwith  sell  the  same  and  invest  the  net  proceeds  in 
such  other  city  stock,  if  in  the  opinion  of  the  commissioners  such 
exchange  shall  be  desirable  and  beneficial  to  the  public  interest. 
Whenever  any  of  the  moneys  constituting  the  sinking  fund  for  the 
redemption  of  the  city  debt  shall  be  required  for  any  purchase  or 
investment  mentioned  in  this  section,  or  for  the  redemption  of  any 
of  the  city  stocks  at  their  maturity,  the  amount  of  money  required 
shall  be  paid  from  the  treasury,  by  warrant,  signed  by  the  board  or 
any  four  of  its  members,  the  comptroller  being  one.  All  stocks  and 
securities  which  shall  be  purchased  by  the  board  shall  be  transferred 
to  it,  and  all  transfers  thereof,  when  disposed  of  pursuant  to  the  pro- 
visions of  this  section,  shall  oe  made  by  the  commissioners  or  any 
four  of  them,  of  whom  the  comptroller  shall  be  one.  The  city  stock 
which  shall  be  purchased  by  the  board  shall  not  be  canceled  by  it 
until  the  final  redemption  of  the  same,  and  all  interest  accruing 
thereon  shall  regularly  be  carried  to  the  sinking  fund  for  the  redemp- 
tion of  the  city  debt. 

Nothing  in  this  section  shall  be  so  construed  as  to  prevent  the 
board  from  temporarily  investing  the  unemployed  moneys  belonging 
to  the  sinking  fund  in  the  temporary  bonds  of  the  city.  (C.  O.  §§  54- 
64,  67.) 

§  9.  Record  of  proceedings  of  the  board;  report  to  board  of  alder- 
men.— The  comptroller  shall  keep  a  correct  journal  of  the  proceedings 
of  the  board  of  commissioners  of  the  sinking  fund,  to  be  authenticated 
by  the  secretary  of  the  board,  by  his  signature;  and  once  in  each 
year,  or  oftener,  if  required,  the  comptroller  shall  render  unto  the 
board  of  aldermen  a  full  and  detailed  report  of  the  proceedings  of 
the  board.  The  report  shall  specify  the  disbursements,  purchases, 
exchanges  and  sales  made  by  the  board,  the  prices  at  which  and  the 
parties  from  whom  such  purchases,  with  whom  such  exchanges,  and 
to  whom  such  sales  shall  have  been  made;  the  amounts  and  descrip- 
tions of  the  stocks  of  the  city  purchased  by  the  board;  the  amounts 
and  descriptions  of  the  stocks  of  this  state  and  of  the  United  States 
then  held  by  the  board,  and  the  amounts  paid  for  interest  on  city 
stocks.  Such  report  shall  also  contain  a  detailed  statement  of  the 
receipts  and  of  the  unemployed  moneys  in  the  city  treasury  to  the 
credit  of  each  sinking  fund.  (C.  O.  §§  68,  69.) 

ARTICLE  2 

CONTRACTS 

Sec.  60.  When  requisite. 

§  61.  Contracts  of  borough  presidents. 

§  62.  Surveys  or  plans. 

§  63.  Proposals  for  estimates. 

§  64.  Form  of  proposals. 

65.  Contents  of  estimates;  verification. 

66.  Opening  estimates. 

67.  Samples. 

68.  Payment  in  installments;  security  required. 

69.  Payments  on  assessment  work;  security  required. 

70.  Protection  against  accidents. 


18  CODE    OF    ORDINANCES    OP   THE    CITY    OF   NEW   YORK 

§  71.  Snow  removal  contracts,  payment  of  laborers. 

§  72.  Enforcement  of  contracts;  bonds. 

§  73.  Payments  on  contracts. 

§  74.  Certificate  of  amount  due. 

75.  Inspection  of  contract  work. 

76.  Affidavits  of  surveyor  and  inspector. 

77.  Extra  work. 

78.  Delayed  payment  of  assessments. 

79.  Report  as  to  outstanding  contracts. 

Sec.  60.  When  requisite. — All  supplies  to  be  furnished  or  work  to 
be  done  for  the  city,  whether  they  are  to  be  paid  for  out  of  the  city 
treasury  or  out  of  trust  moneys  under  the  control  of  or  to  be  assessed 
or  collected  by  the  city,  shall  be  furnished  or  performed  by  contract, 
except  where  otherwise  provided  by  law.  (C.  O.  §  509.) 

§  61.  Contracts  of  borough  presidents. — All  contracts  for  work, 
materials  or  supplies,  relating  to  any  of  the  matters  under  the  cog- 
nizance of  the  respective  borough  presidents,  shall  be  made  by  the 
borough  presidents,  and  bonds,  to  be  approved  as  to  form  by  the 
corporation  counsel  and  as  to  sufficiency  by  the  comptroller,  shall 
be  taken  for  the  faithful  performance  thereof;  all  such  contracts 
shall  be  executed  in  triplicate  by  the  said  borough  presidents,  on  the 
part  of  the  city,  and  by  the  contractor;  one  original  copy  so  executed 
shall  be  kept  and  filed  in  the  office  of  the  borough  president,  one  shall 
be  filed  in  the  office  of  the  comptroller,  and  the  third  shall  be  given 
to  the  contractor.  (C.  O.  §  84.) 

§  62.  Surveys  or  plans. — Whenever  in  the  opinion  of  a  borough 
president  or  other  head  of  a  department,  bureau  or  office  of  the  city, 
a  survey  or  plans  shall  be  necessary  for  any  work  duly  authorized, 
or  for  the  purpose  of  reporting  any  necessary  information,  he  shall 
cause  such  survey  or  plans  to  be  made  by  a  competent  surveyor, 
architect  or  engineer,  as  the  nature  of  the  work  may  require.  (C.  O. 
§  89  in  part.) 

§  63.  Proposals  for  estimates. — The  several  departments  and 
officers  empowered  by  law  to  make  contracts  on  the  part  of  the  city 
shall  issue  proposals  for  estimates  therefor,  and  advertise  the  same,  as 
provided  by  law.^  There  shall  be  kept  by  each  department  an  appro- 
priate box,  to  be  designated  "Estimate  Box,"  with  a  proper  opening 
m  the  top  thereof  to  receive  estimates  for  which  proposals  have  been 
issued.  Such  box  shall  be  kept  locked,  except  when  it  may  be  neces- 
sary to  open  it  to  examine  and  decide  upon  estimated,  and  the  key 
thereof  shall  be  retained  by  the  head  of  the  department.  The  head 
of  the  department  shall  deposit  in  said  box  all  estimates  duly  pre- 
sented to  him,  for  work  to  be  done  under  the  direction  of  the  depart- 
ment, immediately  on  the  receipt  thereof  by  him.  (C.  O.  §  510.) 

§  64.  Form  of  proposals. — All  proposals  for  estimates  shall  be  in 
such  form  as  may  be  prescribed  by  the  department  making  the  same, 
and  shall  contain  the  following  particulars: 

1.  They  shall  require  that  the  person  making  the  estimate  shall 
deliver  it  in  a  sealed  envelope,  addressed  to  the  head  of  the  appro- 
priate department  at  his  office,  or  at  such  place  as  may  be  designated 
in  the  advertisement,  on  or  before  a  day  and  hour  therein  named,  not 
less  than  10  days  from  the  first  publication  thereof; 


ADMINISTRATIVE   PROVISIONS  19 

2.  They  shall  state  the  quantity  and  quality  of  supplies,  or  the 
nature  and  extent,  as  near  as  possible,  of  the  work  required; 

3.  They  shall  state  that  the  estimates  received  will  be  publicly 
opened  by  the  head  of  the  department  issuing  the  proposals  at  his 
office,  or  at  such  place  as  may  be  designated  in  the  advertisement, 
at  a  day  and  hour  therein  mentioned; 

4.  They  shall  state  the  amount  in  which  security  is  required  for 
the  performance  of  the  contract; 

5.  They  shall  state,  briefly,  the  several  matters  required  by  the 
next  section  to  be  contained  in,  or  to  accompany  the  estimates. 
(C.  O.  §511.) 

As  to  patented  articles  see  Warren  Bros.  Co.  v.  City  of  N.  Y.,  190  N.  Y.  297, 
511. 

§  65.  Contents  of  estimates;  verification. — Each  estimate  shall  con- 
tain— 

1.  The  name,  residence  and  place  of  business  of  the  person  making 
the  same; 

2.  The  names  of  all  persons  interested  with  him  therein,  and  if  no 
other  person  be  so  interested,  it  shall  distinctly  state  that  fact; 

3.  That  it  is  made  without  any  connection  with  any  other  person 
making  an  estimate  for  the  same  purpose,  and  is  in  all  respects  fair, 
and  without  collusion  or  fraud: 

4.  That  no  member  of  the  board  of  aldermen,  head  of  a  depart- 
ment, chief  of  a  bureau,  deputy  thereof,  or  clerk  therein,  or  other 
officer  or  employee  of  the  city,  is  directly  or  indirectly  interested 
therein,  or  in  the  supplies  or  the  work  to  which  it  relates,  or  in  any 
portion  of  the  profits  thereof. 

The  estimate  shall  be  verified  by  the  oath,  in  writing,  of  the  party 
making  it,  that  the  several  matters  stated  therein  are  in  all  respects 
true.  (C.  O.  §§  512,  513  as  amended.) 

§  66.  Opening  estimates. — The  sealed  envelope  containing  the 
estimate  shall  be  endorsed  with  the  name  or  names  of  the  person  or 
persons  presenting  the  same,  the  date  of  its  presentation,  and  a 
statement  of  the  work  to  which  it  relates,  and  no  estimate  shall  be 
taken  from  the  "Estimate  Box,"  nor  shall  the  sealed  envelope  thereof 
be  opened  by  anyone,  except  at  the  time  and  hi  the  manner  herein 
designated  for  deciding  on  such  estimates.  At  the  time  and  place 
appointed  for  that  purpose  hi  the  proposals,  as  prescribed  hi  this 
article,  the  head  of  the  department,  or  the  president  of  the  board 
where  the  same  are  advertised  by  a  board,  or  the  secretary  thereof,  or 
other  officer  empowered  to  make  the  contract,  in  the  presence  of  the 
comptroller  or  his  representative,  and  such  of  the  parties  making 
them  as  may  desire  to  be  present,  shall  then  and  there  open  the 
estimate  box,  and  the  estimates  to  be  examined  at  that  tune,  as  may 
appear  from  the  endorsements  thereon,  shall  be  taken  from  the  box. 
The  head  of  department  or  other  party  hereinbefore  authorized  shall, 
then  and  there,  publicly  open  and  read  all  estimates  which  he  may 
have  received  for  the  contract  mentioned  in  such  proposals,  and  shall 
reject  all  estimates  not  furnished  in  conformity  with  the  law  and  the 
ordinance  relating  thereto.  The  award  of  the  contract  shall  be  made 
according  to  law.  (C.  O.  §  516  as  amended  Sept.  23,  1913.) 

§  67.  Samples. — When  proposals  are  issued  for  a  contract  to  fur- 
nish any  article  of  which  a  sample  can  conveniently  be  furnished,  the 


20  CODE   OP   ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

head  of  the  department  issuing  the  same  may  require  that  such 
sample  be  delivered  at  his  office,  or  at  the  office  of  the  head  of  the 
appropriate  bureau  in  his  department,  within  such  time  before  the 
opening  of  the  estimates  as  he  may  prescribe;  and,  if  it  be  not  so 
furnished,  or  does  not  conform  to  the  quality  required  by  the  pro- 
posals, the  estimate  delivered  by  the  person  furnishing  or  omitting 
to  furnish  the  same,  as  the  case  may  be,  shall  be  rejected.  (C.  O. 
§517.) 

§  68.  Payment  in  installments^  security  required. — In  all  contracts 
for  work  for  the  city  where  provision  is  made  for  the  payment  of  the 
contract  price  by  installments,  a  provision  shall  be  inserted  that  the 
contractor  shall  allow  10  per  cent,  of  the  contract  price  of  the  work 
actually  done  to  remain  as  security,  until  the  whole  work  shall  be 
completed  according  to  the  contract.  (C.  O.  §  518.) 

§  69.  Payments  on  assessment  work;  security  required. — Whenever 
any  contract  shall  be  made  hereafter  by  any  department  or  officer  of 
the  city,  the  amount  of  which  Is  to  be  afterward  collected  by  assess- 
ment from  the  property  benefited  by  the  work  to  be  done  under  the 
contract,  the  head  of  the  department  or  officer  making  such  contract 
shall  cause  to  be  inserted  therein  a  clause  that,  as  the  work  progresses, 
payments  will  be  made  to  the  contractors  by  monthly  installments 
of  85  per  cent,  on  the  estimated  value  of  the  work  actually  done 
under  said  contract,  and  the  officer  making  any  such  contract  shall 
forthwith  file  a  copy  thereof  with  the  comptroller.  (C.  O.  §  54  as 
amended  in  L.  1912,  Chap.  527.) 

§  70.  Protection  against  accidents. — In  all  contracts  for  the  work  for 
the  city  upon  any  public  building  or  in  any  public  street  or  place,  in 
the  performance  of  which  accidents  or  injuries  may  happen  to  the 
person  or  property  of  another,  provisions  shall  be  inserted  that  the 
contractor  shall  place  proper  guards  for  the  prevention  of  accidents; 
that  he  shall  put  up  and  keep  at  nights  suitable  and  sufficient  lights 
during  the  performance  of  the  work,  and  that  he  will  indemnify  the 
city  for  damages  or  costs  to  which  it  may  be  put  by  reason  of  injury 
to  person  or  property  of  another,  resulting  from  negligence  or  care- 
lessness in  the  performance  of  the  work.  (C.  O.  §  519;  covering  C.  O. 
§§215-218.) 

§  71.  Snow  removal  contracts;  payments  of  laborers. — In  all  emer- 
gency work  performed  by  laborers  in  the  removal  of  snow  where 
men  are  engaged  by  the  hour  or  the  day,  either  by  a  contractor  em- 
ployed for  the  purpose  or  by  the  street  cleaning  department  itself, 
it  shall  be  stipulated  that  such  work  shall  be  paid  for  daily,  directly 
to  those  individually  employed  in  it,  in  the  currency  of  the  United 
States,  and  not  by  check  or  ticket.  Such  payments,  in  each  instance, 
shall  be  made  at  the  substations  of  the  street  cleaning  department. 
Every  contractor  engaged  in  the  removal  of  snow  shall  be  required  to 
stipulate  with  the  commissioner  of  street  cleaning,  or  others  em- 
powered to  enter  into  contracts  for  that  purpose,  as  the  case  may  be, 
to  observe  the  provisions  of  this  section,  a  violation  of  any  of  which 
shall  be  deemed  to  abrogate  any  such  contract.  (C.  O.  §§  418a,  418b.) 

§  72.  Enforcement  of  contracts;  bonds. — Every  contract  for  sup- 
plies or  work  by  the  city  shall  be  executed  by  the  contractor  or  con- 
tractors to  whom  the  same  may  be  awarded,  and  shall  be  accom- 
panied by  a  bond  in  the  penalties  mentioned  in  the  proposals  therefor, 


ADMINISTRATIVE   PROVISIONS  21 

executed  by  the  persons  or  company  consenting  to  become  bound  as 
sureties,  or  by  such  other  persons  or  company  as  shall  be  substi- 
tuted therefor  with  the  consent  of  the  head  of  the  department  mak- 
ing such  contract,  conditioned  for  the  faithful  performance  of  the 
contract  and  every  provision  therein  contained.  The  bond  shall  be 
accompanied  by  the  oath,  in  writing,  of  the  person  signing  the  same, 
that  he  is  a  householder  or  freeholder  in  the  city,  and  by  the  oath 
of  the  person,  or  an  officer  of  such  company,  that  he  or  it  is  worth 
the  amount  of  the  security  required  for  the  completion  of  the  con- 
tract and  stated  in  the  proposals,  as  hereinbefore  prescribed.  The 
comptroller  shall  require  such  sureties  to  be  further  examined  before 
himself,  or  an  officer  authorized  to  administer  oaths  deputed  by  him, 
in  respect  of  the  items  and  details  of  their  property,  before  approv- 
ing the  adequacy  and  sufficiency  of  such  sureties.  Each  department 
of  the  city  government  and  each  officer,  by  whom  any  contract 
for  work  to  be  done  for  the  city  shall  be  made,  shall  require  and 
enforce  the  faithful  execution  of  each  contract  so  made  by  them; 
and  in  case  the  contractor  or  contractors  shall  fail  in  any  respect 
to  perform  the  work  which  he  or  they  have  contracted  to  render  or 
perform,  within  the  time  limited  for  the  performance  of  the  same, 
then  the  department  or  officer  having  charge  of  such  work  shall  do 
and  complete  the  same  in  the  manner  provided  for  in  the  contract 
for  its  performance  and  the  cost  thereof  shall  be  a  charge  against 
such  delinquent  contractor,  or  contractors;  provided,  however,  that 
the  head  of  any  department  or  other  officer  by  whom  any  such  con- 
tract shall  be  made,  may  on  good  and  sufficient  cause,  extend  for 
a  reasonable  time  the  period  fixed  for  the  completion  thereof.  (C.  O. 
§  520.) 

§  73.  Payments  on  contracts. — No  payment  shall  be  made  by 
the  comptroller  for  work  done  or  supplies  furnished,  except  upon 
proper  vouchers  rendered  by  the  head  of  the  appropriate  department, 
or  the  officer,  board  or  commission  for  whom  such  work  was  done 
or  supplies  furnished;  provided  that,  in  the  case  of  a  pay-roll  for 
labor  performed  under  the  supervision  of  the  borough  presidents, 
the  comptroller  may  draw  a  warrant  for  the  total  amount  of  such 
pay-roll,  in  favor  of  the  chamberlain,  who  shall  make  the  payments 
therein  specified.  Such  vouchers  shall  be  made  out  in  duplicate, 
and  shall  contain  the  certificate  of  such  subordinate  officers  as  the 
head  of  the  department  may  require,  in  such  form  and  purport  as 
he  shall  prescribe,  and  also  a  certificate  of  the  head  of  the  department. 
One  of  the  duplicate  vouchers  shall  be  retained  in  the  department  or 
office  by  which  the  vouchers  are  rendered,  and  the  other  shall  be 
transmitted  to  the  department  of  finance  for  payment.  No  payment 
shall  be  made  upon  any  contract  beyond  the  amount  thereof.  (C.  O. 
§  39  and  §  523.) 

§  74.  Certificate  of  amount  due. — Whenever  any  payment  shall 
become  due  upon  any  contract,  according  to  the  provisions  thereof 
or  in  accordance  with  any  of  the  provisions  of  this  ordinance,  the 
head  of  department  or  officer  having  the  work  in  charge  shall  furnish 
to  the  person  or  persons  entitled  to  such  payments  a  certificate, 
in  writing,  specifying  the  contract  upon  which  the  payment  is  due 
and  the  amount  due  thereon.  The  comptroller  on  the  presentation 
to  him  of  such  certificate  shall  pay  the  amount  thereof  and  endorse 


22  CODE   OP   ORDINANCES   OP  THE    CITY   OP  NEW   YORK 

such  payment  upon  the  contract  upon  which  such  payment  was  made, 
but  final  payment  on  any  contract  shall  not  be  made  until  the  heaa 
of  department  or  officer  having  charge  of  the  work  under  the  contract 
shall  furnish  a  certificate,  signed  by  him  and  filed  in  the  office  of 
the  comptroller,  that  the  work  mentioned  in  the  contract  has  been 
completed  according  to  the  terms  thereof  and  to  the  satisfaction 
of  the  head  of  department  or  officer  giving  the  certificate.  (C.  O. 
§§  522,  523.) 

§  75.  Inspection  of  contract  work. — Each  borough  president  shall 
appoint  a  competent  inspector  of  contract  work  under  the  jurisdic- 
tion of  his  department,  in  all  cases  where  he  may  deem  the  public 
service  requires  such  inspector.  Whenever  an  assessment  shall  be 
levied  for  any  improvement,  the  amount  paid  for  inspection  of  any 
contract  work  connected  therewith  shall  be  assessed  and  collected 
with  the  other  expenses  of  the  improvement,  except  where  the  in- 
spector's wages  are  legally  chargeable  to  the  contractor.  (C.  O. 
§  91  in  part.) 

§  76.  Affidavit  of  surveyor  and  inspector. — Each  and  every  con- 
tractor shall  be  required  to  obtain  an  affidavit  from  the  surveyor, 
setting  forth  the  amount  of  work  done,  of  every  description  that 
may  be  charged  in  each  bill  or  assessment  list  of  said  contract,  and 
said  affidavit  shall  be  attached  to  the  assessment  list.  The  inspector 
shall  also  furnish  an  affidavit,  to  be  attached  to  each  contract,  setting 
forth  that  the  work  has  been  done  according  to  the  plans  and  speci- 
fications; said  affidavit  to  be  attached  to  each  assessment  list  before 
presented  for  confirmation.  (C.  O.  §  525.) 

§  77.  Extra  work. — Repealed  by  ordinance  effective  July  7,  1916. 

§  78.  Delayed  payments  of  assessments. — In  all  cases  of  delinquency 
hi  the  payment  of  any  assessment  for  work  done  under  a  contract 
made  by  any  contractor  with  the  city,  respecting  any  street  or  road 
or  respecting  the  building  of  wharves,  piers,  slips  and  sewers,  on  the 
final  settlement  with  every  such  contractor,  there  shall  be  allowed 
and  paid  to  him  all  interest  which  shall  have  been  collected  on  his 
account  or  contract,  first  deducting  the  collector's  commission. 
(C.  O.  §526.) 

§  79.  Report  as  to  outstanding  contracts. — The  comptroller  shall 
report  to  the  board  of  aldermen,  within  30  days  after  their  organiza- 
tion in  each  year,  a  statement  of  all  contracts  made  by  the  city,  or 
directed  or  authorized  by  the  board  and  not  performed  or  completed 
or  upon  which  any  moneys  remain  unpaid;  with  the  amount  of 
money  remaining  unpaid  on  each  such  contract.  (C.  O.  §  25.) 


ARTICLE  3 

REAL  ESTATE 

Sec.  100.  City  real  estate  to  be  supervised  by  the  comptroller. 
§  101.  Deeds,  leases,  etc.,  to  the  city;  comptroller  is  custodian. 
§  102.  Leases  or  other  conveyances  by  the  city. 
§  103.  Assignment  of  leases  and  subletting  by  city. 
§  104.  Execution  of  deed  by  city. 
§  105.  Quit-rents. 


ADMINISTRATIVE    PROVISIONS  23 

Sec.  100.  City  real  estate  to  be  supervised  by  the  comptroller. — The 
comptroller  shall  superintend  all  real  estate  of  the  city  and  report 
to  the  board  of  aldermen  all  encroachments  thereon.  He  shall  direct 
and  superintend  the  collection  of  all  rents  or  other  moneys  due  the 
city.  (C.  O.  §§  21,  24.) 

§  101.  Deeds,  leases,  etc.,  to  the  city;  comptroller  is  custodian. — The 
comptroller  shall  keep  on  file  in  his  office  all  title  deeds,  leases,  bonds, 
mortgages  or  other  assurances  of  title,  except  such  as  are  directed 
by  law  or  ordinance  to  be  deposited  elsewhere.  He  shall  cause  all 
grants,  leases  and  counterparts  of  leases,  and  all  deeds  executed  by 
the  city,  to  be  recorded  in  proper  books  to  be  kept  in  his  office.  (C. 
O.  §§  22,  23.) 

§  102.  Leases  or  other  conveyances  by  the  city. — Whenever  any  real 
estate  belonging  to  the  city  is  unproductive,  or  the  term  for  which 
it  may  have  been  leased  or  let  shall  have  expired  or  be  about  expiring, 
the  head  of  the  department,  bureau,  board  or  office  having  jurisdic- 
tion over  such  real  estate  shall  forthwith  turn  over  the  same  to  the 
board  of  sinking  fund  commissioners  and  advise  the  comptroller 
thereof.  The  comptroller  shall  report  to  the  board  whether  or  not, 
in  his  judgment,  it  will  be  to  the  public  interest  to  lease  or  other- 
wise dispose  of  such  property.  The  comptroller,  under  the  sanction 
of  the  board,  shall  appoint  appraisers  upon  behalf  of  the  city  to  settle 
the  rent  on  renewal  of  any  lease,  or  the  value  6f  the  building,  to  be 

Kid  for  on  the  expiration  of  any  lease  in  which  the  city  is  or  shall 
interested,  whenever  by  the  provision  of  such  lease  the  appoint- 
ment of  appraisers  is  required.  All  leases  authorized  by  the  board 
shall  be  executed  by  the  comptroller  and  the  city  clerk,  under  their 
hands  and  the  seal  of  the  city.  (C.  O.  §§  42,  46  as  amend.  June  20, 
1916.) 

§  103.  Assignment  of  leases  and  subletting  by  city. — The  comptroller 
may  consent,  in  the  name  and  on  behalf  of  the  city,  that  the  lessee 
or  assignee  of  a  lease  made  by  the  city  shall  assign  the  same  or  under- 
let the  demised  premises,  whether  or  not  provision  is  made  by  the 
lease  that  it  shall  not  be  assigned  or  the  premises  underlet  without 
the  consent  of  the  city;  but  he  shall  not  so  consent  unless  all  arrears 
of  rents  upon  the  premises  be  paid  in  full.  (C.  O.  §  28  amend.) 

§  104.  Execution  of  deeds  by  city. — Whenever  any  real  estate 
shall  have  been  sold  pursuant  to  the  preceding  sections  of  this  article, 
the  board  of  commissioners  of  the  sinking  fund,  or  a  majority  of  them, 
shall  give  a  certificate,  under  their  hands,  that  the  same  has  been 
sold  pursuant  to  the  provisions  of  this  article,  and  upon  the  produc- 
tion of  such  certificate  and  the  evidence  that  the  proceeds  of  such 
sale  have  been  paid  into  the  treasury  to  the  credit  of  the  sinking  fund 
for  the  redemption  of  the  city  debt,  or  such  other  appropriate  fund 
as  provided  by  the  charter,  the  mayor  and  the  city  clerk  shall  exe- 
cute proper  conveyances  of  such  real  estate  under  their  hands  and 
the  seal  of  the  city.  Whenever^any  real  estate  of  the  city  shall  have 
been  sold  pursuant  to  any  provision  of  the  charter  or  any  ordinance, 
the  mayor  and  the  city  clerk  shall  execute  proper  conveyances  of 
such  real  estate,  under  their  hands  and  the  seal  of  the  city.  (C.  O. 
§76,  revised.) 

§  105.  Quit-rents. — The  comptroller  shall  preserve  in  a  book  to 
be  kept  in  his  office  for  that  purpose,  to  be  called  the  record  of  quit- 


24  CODE   OF   ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

rents,  maps  of  all  grants  of  land  heretofore  made  by  the  former 
Corporation  of  the  City  of  New  York,  on  which  quit-rents  are 
payable,  showing  the  original  grants  and  the  subdivisions  of  the 
same  as  near  as  they  can  be  ascertained.  He  may  receive  the  sums 
proportionately  due  from  each  owner  in  payment  of  the  portion 
of  the  moneys  payable  under  the  original  grant,  as  the  same  shall 
from  time  to  time  become  payable.  He  shall,  on  receiving  written 
notice  from  the  grantee  of  the  said  former  corporation,  or  his  assignee, 
of  the  sale  of  any  portion  of  land  subject  to  quit-rent,  enter  in  the 
record  of  quit-rents  the  name  of  the  purchaser,  with  the  date  of  the 
sale  and  the  portion  of  the  land  sold.  He  may  thereafter  receive 
the  sum  proportionately  due  from  such  purchaser,  in  payment  of 
his  portion  of  the  moneys  payable  under  the  original  grant,  as  the 
s^ame  shall,  from  time  to  time  become  payable,  and  he  may  receive 
from  the  owner  of  the  lot  or  parcel  mentioned  in  the  notice,  or  his 
legal  representative,  the  sum  proportionately  due  from  him  in  pay- 
ment of  his  proportion  of  the  moneys  payable  under  the  original 
grant.  When  land  heretofore  granted  by  the  said  former  corporation 
subject  to  a  quit-rent,  portions  of  which  have  been  assigned  by  the 
grantee,  shall  be  re-entered  by  the  city  for  non-payment  of  the  quit- 
rent,  the  comptroller  may  grant  releases  in  severalty  to  such  of  the 
assignees  of  portions  of  the  land  granted  as  shall,  within  6  months 
from  the  re-entry,  pay  their  respective  apportionments  of  commuta- 
tion money  and  the  expenses  of  re-entry  and  conveyance,  with  such 
portions  of  the  rent  as  may  be  justly  due  from  the  respective  assignees 
for  the  land  held  by  them,  as  the  same  shall  be  apportioned  by  the 
comptroller.  Whenever  any  person  shall  desire  to  commute  any 
quit-rent  due  the  city,  the  comptroller  shall  calculate  such  commuta- 
tion at  the  rate  of  6  per  cent,  and,  upon  the  production  of  evidence 
that  the  same  and  all  arrears  of  rent  have  been  paid  into  the  treasury 
of  the  city,  to  the  credit  of  the  board  of  commissioners  of  the  sinking 
fund,  the  mayor  and  city  clerk  shall  execute  a  release  of  such  quit- 
rent.  (C.  O."§§  30,  31  in  part;  33-35,  45.) 

ARTICLE  4 

THE   MAYOR 

Sec.  130.  Apprehension  of  criminals. 

Sec.  130.  Apprehension  of  criminals. — The  mayor  may,  whenever 
he  shall  deem  it  necessary,  issue  his  proclamation  for  the  apprehen- 
sion of  any  person  who  may  have  committed  a  crime  within  the  city, 
and  may,  in  such  proclamation,  offer  a  reward  not  exceeding  .$500, 
to  be  paid  out  of  the  city  treasury  upon  the  certificate  of  the  mayor 
that  the  service  required  has  been  performed. 

ARTICLE  5 

THE   PRESIDENT  OF  THE   BOARD   OF   ALDERMEN 

Sec.  150. 


ADMINISTRATIVE    PROVISIONS  25 

ARTICLE  6 

THE   COMPTROLLER 

Sec.  170.  Custodian  of  evidences  of  debt,  contracts,  bonds  and  stock 

certificates. 
§  171.  Collection  of  rents  and  other  debts. 

Sec.  170.  Custodian  of  evidences  of  debt,  contracts,  bonds  and  stock 
certificates. — The  comptroller  shall  keep  and  file  in  his  office  all  evi- 
dence of  debt,  contracts,  bonds  of  indemnity,  official  bonds,  and  all 
certificates  of  stock  belonging  to  the  sinking  funds,  except  such  as 
are  direcred  by  law  or  ordinance  to  be  deposited  elsewhere.  (C.  O. 
§22.) 

§  171.  Collection  of  rents  and  other  debts. — The  comptroller  shall 
direct  legal  peoceedings  to  be  taken  when  necessary  to  enforce  pay- 
ment of  rents  or  other  debts  due  to  the  corporation,  or  to  obtain 
possession  of  premises  to  which  the  corporation  is  entitled. 

ARTICLE  7 

THE   BOROUGH   PRESIDENTS 

Sec.  200.  Expenditures  for  borough. 

it  201.  Incumbrances  and  contingencies,  accounts  for. 
i  202.  Receipts  to  be  recorded  and  accounted  for. 
:|203.  Permits. 
>  204.  Reports  to  the  board  of  aldermen. 

Sec.  200.  Expenditures  for  borough. — Each  borough  president  shall 
control  and  direct  all  expenditures  to  be  made  by  his  department, 
and  shall  countersign  and  draw  his  requisition  upon  the  comptroller 
for  the  payment  of  all  bills  and  accounts  therefor  which  in  his  judg- 
ment are  correct,  and  which  may  be  duly  certified  by  the  chief  of  the 
bureau,  division  or  office  under  whose  supervision  the  expenditure 
was  incurred.  No  requisition  shall  be  drawn  by  any  borough  pres- 
ident for  the  payment  of  any  bill  or  account  until  the  same  shall 
have  been  duly  certified  as  aforesaid,  except  that  bills  and  accounts 
for  expenditures  for  the  removal  of  incumbrances,  or  for  the  other 
expenditures  authorized  by  ordinance  but  not  under  the  immediate 
supervision  of  any  department,  shall  be  certified  by  the  borough 
president.  (C.  O.  §90.) 

§201.  Incumbrances  and  contingencies;  accounts  for. — Each  bor- 
ough president  shall  keep  separate  accounts  with  the  two  appro- 
priations, one  for  the  removal  of  incumbrances,  and  the  other  for 
the  contingencies  of  his  department,  and  drafts  thereon  shall  be 
made  upon  the  comptroller,  who  shall  charge  each  appropriation 
with  the  respective  drafts  and  draw  his  warrant  in  each  case  in  favor 
of  the  borough  president  for  the  amount  thereof.  (C.  O.  §  95.) 

§  202.  Receipts  to  be  recorded  and  accounted  for. — Each  borough 
president  shall  cause  to  be  entered  in  books  to  be  provided  for  that 
purpose  and  kept  in  his  office,  open  at  all  convenient  times  to  public 


26  CODE    OF   ORDINANCES    OP   THE    CITY    OF   NEW    YORK 

inspection,  the  names  of  all  persons  from  whom  he  may  receive  money 
for  the  city,  on  trust  account  or  otherwise;  with  the  amounts  received, 
or  what  account,  and  when  paid.  He  shall  render  a  certified  account 
thereof,  under  oath,  item  by  item,  to  the  comptroller,  on  Thursday 
of  each  week,  and  shall  thereupon  pay  over  the  amount  so  received 
to  the  chamberlain,  from  whom  he  shall  receive  duplicate  vouchers 
for  the  payment,  one  of  which  he  shall,  on  the  same  day,  file  in  the 
office  of  the  comptroller.  (C.  O.  §  93.) 

§  203.  Permits. — In  all  cases  where  provision  is  made  by  law  or 
ordinance  that  the  consent  of  a  borough  president  shall  be  obtained 
to  authorize  any  act  to  be  done,  he  may  grant  a  permit  therefor, 
subject  to  the  restrictions  of  all  statutes  and  ordinances  in  relation 
thereto,  and,  upon  granting  any  such  permit,  he  may  exact  such 
cash  deposit  or  bond,  or  both,  as  he  may  deem  necessary  to  safe- 
guard the  interests  of  the  city.  (C.  O.  §  92.) 

§  204.  Report  to  board  of  aldermen. — The  respective  borough  pres- 
idents shall,  when  required  by  the  board  of  aldermen,  inquire  into 
and  report  upon  any  of  the  matters  within  their  cognizance,  and 
shall,  from  time  to  time,  communicate  to  the  board  any  information 
or  suggestion  that  they  may  deem  important  in  relation  thereto. 
(C.  O.  §  88.) 

ARTICLE  8 

THE   CORPORATION   COUNSEL 

Sec.  220.  Register  of  actions. 

§  221.  Legislative  bills,  ordinances. 

§  222.  Books  and  papers  to  be  delivered  to  successor. 

Sec.  220.  Register  of  actions. — The  corporation  counsel  shall  keep 
in  proper  books,  to  be  provided  for  that  purpose,  a  register  of  all 
actions  prosecuted  or  defended  by  him,  and  all  proceedings  had 
therein.  (C.  O.  §  12.) 

§  221.  Legislative  bills,  ordinances. — The  corporation  counsel  shall 
prepare  the  draft  of  any  bill  to  be  presented  by  the  city  to  the  legis- 
lature for  enactment,  with  a  proper  memorial  for  the  passage  thereof, 
and  shall  draw  such  ordinances  as  may  be  required  by  the  board  of 
aldermen  or  any  committee  thereof.  (C.  O.  §§  8,  9,  revised.) 

§  222.  Books  and  papers  to  be  delivered  to  his  successor. — Upon  his 
resignation  or  removal,  the  corporation  counsel  shall  forthwith 
deliver  to  his  successor  in  office  all  deeds,  leases,  contracts,  and  other 
papers  in  his  hands  belonging  to  the  city,  and  all  papers  in  actions 
prosecuted  or  defended  by  him,  with  the  register  thereof  and  of  the 
proceedings  therein,  and  a  written  consent  to  the  substitution  of  his 
successor  in  each  pending  action.  (C.  O.  §  13.) 

ARTICLE  9 

CITY   MARSHALS 

Sec.  230.  City  marshals;  badges. 

§  231.  Impersonating  marshals;  unauthorized  signs. 
§232.  Violations. 


ADMINISTRATIVE    PROVISION'S  27 

Sec.  230.  City  marshals;  badges. — The  mayor  is  hereby  authorized 
to  prescribe  the  style,  form  and  size  of  a  badge  to  be  known  and 
designated  as  the  city  marshal's  official  badge,  a  description  of  which 
he  shall  file  in  the  office  of  the  city  clerk.  Each  city  marshal  shall 
provide  himself,  at  his  own  expense,  with  one  of  such  badges,  and 
shall  wear  the  same  at  all  times  while  engaged  in  the  discharge  of  his 
duties.  At  all  times,  every  city  marshal  shall  display  his  badge, 
upon  demand.  Upon  cessation  from  duty  as  or  upon  the  expiration 
of  the  term  of  a  city  marshal,  he  shall  forthwith  surrender  his  official 
badge  to  the  city  clerk  who  is  hereby  authorized  to  refund  the  sum 
originally  charged  therefor.  (C.  O.  §§  567-569,  rev.  May  25,  1915.) 

§231.  Impersonating  marshals;  unauthorized  signs. — No  person, 
not  a  marshal  of  the  city,  shall  hold  himself  out  to  the  public  as  being 
a  marshal,  or  as  being  in  any  way  authorized  to  act  as  a  marshal  or  to 
perform  the  duties  of  a  marshal.  No  person,  not  a  marshal,  shall 
exhibit  any  sign  with  the  words  "marshal's  bureau"  thereon,  or  any 
other  words  or  terms  whejreby  the  public  may  be  led  to  believe  that 
he  is  a  city  marshal  or  authorized  to  act  as  such,  or  that  his  office  is 
the  office  of  a  city  marshal.  No  city  marshal  shall  knowingly  permit 
any  person,  not  a  city  marshal,  to  perform  any  act  in  his  name,  or  to 
sign  or  use  his  name  in  the  performance  of  any  act  which  can  be 
performed  only  by  a  city  marshal  in  person.  (Charter  §  1430.) 

§  232.  Violations. — Any  person  violating  any  of  the  provisions  of 
this  article  shall  be  punishable  by  imprisonment  for  a  term  not  ex- 
ceeding one  month,  or  by  a  fine  not  exceeding  $200  for  each  offense. 
(Charter  §  1436.) 

ARTICLE  10 

CITY   SURVEYORS 

Sec.  240.  Board  of  examiners. 

§  241.  Appointment  of  surveyors. 

Sec.  240.  Board  of  examiners. — There  is  hereby  constituted  a  board 
to  be  known  as  the  examining  board  of  city  surveyors,  which  shall 
consist  of  the  chief  engineer  of  the  board  of  estimate  and  apportion- 
ment, ex-officio,  of  two  engineers  appointed  by  the  board  of  aldermen 
from  the  consulting  or  topographical  engineers  in  the  regular  employ 
of  the  city  and  of  two  city  surveyors,  who  shall  be  appointed  by  the 
board  of  aldermen.  The  terms  of  office  of  the  first  examiners  so  ap- 
pointed, except  the  chief  engineer  of  the  board  of  estimate  and  appor- 
tionment, shall  be  one,  two,  three  and  four  years,  respectively,  as 
designated  by  the  board  of  aldermen,  and  until  their  successors  are  ap- 
pointed; and  as  their  terms  respectively  expire  their  successors  shall 
be  appointed  for  a  full  term  of  four  years,  which  shall  thereafter  be 
the  full  and  regular  term  of  office  of  said  examiners. 

The  examining  board  of  city  surveyors  shall  have  the  power  and 
it  shall  be  their  duty:  to  meet  at  stated  intervals,  and  specially 
when  the  board  of  aldermen  shall  in  writing  request  them  so  to  do; 
to  examine  all  persons  who  may  desire  to  be  appointed  surveyors 
of  the  City  of  New  York  by  tests,  which  will  determine  their  com- 
petency and  fitness,  and  who  shall  present  a  receipt  from  the  city 


28  CODE   OP   ORDINANCES   OP  THE   CITY   OP   NEW   YORK 

clerk  showing  that  the  examining  fee,  as  hereinafter  provided,  has 
been  paid;  to  certify  to  the  board  of  aldermen  within  ten  days  after 
an  examination  has  been  held  a  list  in  the  order  of  standing  of  all 
those  applicants  who  have  qualified  in  such  examination. 

No  person  shall  be  examined  as  hereinbefore  provided  until  an 
examining  fee  of  five  dollars  shall  have  been  paid  to  the  city  clerk, 
who  is  hereby  authorized  and  directed  to  receive  the  same  and  to 
issue  a  receipt  therefor,  and  the  fee  so  collected  shall  be  paid  by  the 
city  clerk  into  the  treasury  of  the  City  of  New  York. 

§  241.  Appointment  of  surveyors. — There  shall  be  so  many  surveyors 
for  the  City  of  New  York  as  the  board  of  aldermen  shall  from  time  to 
time  appoint;  but  hereafter  no  appointment  shall  be  made  except 
from  a  list  certified  to  the  board  of  aldermen  by  the  examining  board 
of  city  surveyors,  as  hereinbefore  provided.  Each  city  surveyor  be- 
fore entering  upon  the  duties  of  his  office,  shall  take  an  oath  well 
and  truly  to  perform  the  same.  (Amend.,  App.  May  1,  1915.) 

This  article,  as  amended  above,  repealed  former  sections  240,  241,  242,  243 
and  244. 

ARTICLE   11 

PUBLIC   ADMINISTRATOR 

Sec.  250.  Reports. 

§  251.  Bank  accounts,  supervision  of  comptroller. 
§  252.  Distribution  of  decedents'  assets. 

Sec.  250.  Reports, — The  public  administrator  of  the  county  of 
New  York  shall,  on  the  twentieth  day  of  December,  in  each  year, 
report  to  the  board  of  aldermen  the  titles  of  all  actions  prosecuted  by 
or  against  him,  and  then  pending  and  undetermined,  with  such  other 
information  in  respect  thereto  as  he  may  deem  necessary  or  proper. 
He  shall  report  to  the  comptroller  on  the  first  Thursday  of  each 
month,  and  oftener  if  required,  the  amount  of  moneys  received  by 
him  since  his  last  return  on  account  of  any  estate  upon  which  he  shall 
have  administered.  He  shall,  at  the  same  time,  report  to  the  board 
of  aldermen  a  transcript  of  such  of  his  accounts  as  have  been  closed  or 
finally  settled,  and  of  those  on  which  any  money  has  been  received 
by  him  as  part  of  the  proceeds  of  any  estate  on  which  he  has  adminis- 
tered; he  shall  deposit  all  moneys  by  him  collected  and  received,  as 
required  by  law,  in  such  bank  as  the  corporation  counsel  shall  select 
from  the  designated  depositories  of  the  city's  moneys.  (C.  O. 
§§  15-17.) 

§  251.  Bank  accounts,  supervision  of  comptroller. — The  public 
administrator  of  the  county  of  New  York,  shall,  whenever  required, 
exhibit  to  the  comptroller  the  bank  book  showing  his  deposits,  and  all 
other  vouchers  and  documents  relating  to  his  office.  The  comptroller, 
before  signing  any  check  for  money  deposited,  shall  examine  the 
bank  books  showing  the  deposits,  and  the  vouchers  on  which  the 
check  is  required  to  be  drawn,  and  shall  satisfy  himself  fully  as  to  the 
correctness  thereof  and,  in  case  of  doubt  or  difficulty,  he  shall  report 
the  case  to  the  board  of  aldermen  for  its  direction.  (C.  O.  §§  18,  19.) 

§  252.  Distribution  of  decedents'  assets. — The  comptroller  may 
distribute  and  pay  any  balance  of  an  intestate's  estate  remaining  in 


ADMINISTRATIVE    PROVISIONS  29 

the  city  treasury  to  the  persons  legally  entitled  thereto,  whenever  he 
and  the  public  administrator  of  the  county  of  New  York  shall  be 
satisfied  that  the  person  claiming  the  same  is  legally  entitled  thereto; 
but,  if  they  be  not  satisfied  thereof,  they  shall  report  the  case  to  the 
board  of  aldermen  for  its  direction.  (C.  O.  §  20.) 

ARTICLE   12 

PUBLIC   EMPLOYMENT   BUREAU 

Sec.  260.  Organization  and  purpose. 
§261.  Records. 
§  262.  Co-operation  with  kindred  agencies. 

Sec.  260.  Organization  and  purpose. — There  shall  be  a  public 
employment  bureau  in  and  for  the  city,  attached  to  the  department 
of  licenses,  with  the  principal  office  in  the  borough  of  Manhattan, 
and  a  branch  office  in  such  other  boroughs,  as  may  be  deemed  neces- 
sary and  designated  by  the  commissioner  of  licenses,  for  the  purpose 
of  aiding  unemployed  persons  in  securing  employment  and  employers 
of  labor  in  securing  employees;  but  no  fee  shall  be  charged  by  the 
bureau,  or  any  officer  or  employee  thereof,  for  such  purpose.  The 
employees  of  the  bureau  shall  consist  of  such  assistants  and  clerks 
as  may  be  found  necessary  for  properly  carrying  on  its  work,  and 
they  shall  be  appointed  and  removed  by  the  commissioner  of  licenses 
in  accordance  with  the  rules  and  regulations  of  the  municipal  civil 
service  commission. 

§  261.  Records. — There  shall  be  kept  in  the  principal  office  of  the 
bureau,  and  in  each  and  every  branch  office  thereof,  such  system  of 
records  as  may  be  necessary  properly  to  record  and  classify,  accord- 
ing to  trade  or  profession,  (1)  all  applicants  for  positions;  (2)  all 
positions  to  be  filled  as  reported  to  said  bureau;  (3)  all  persons  sent 
to  those  seeking  employees;  (4)  all  such  persons  who  secure  employ- 
ment, and  (5)  such  other  records  as  the  commissioner  may  deem 
necessary.  A  report  of  the  transactions  of  each  branch  office  shall 
be  transmitted  daily  to  the  principal  office  of  the  bureau. 

§  262.  Co-operation  with  kindred  agencies. — The  bureau  shall,  in  so 
far  as  it  may  be  feasible,  co-operate  with  such  employment  bureaus 
or  intelligence  offices  as  now  exist,  or  which  may  hereafter  be  estab- 
lished and  conducted  by  the  United  States  or  the  State  of  New  York. 
(Ord.  May  5,  1914.) 

ARTICLE   13 

TAXES   AND   ASSESSMENTS 

Sec.  265.  Fees  for  searches. 

§  266.  Apportionment  of  taxes. 

Sec.  265.  Fees  for  searches. — The  following  fees  shall  be  paid  to  and 
collected  by  the  collector  of  assessments  and  arrears,  for  the  benefit 
of  the  city  treasury,  on  his  furnishing  a  bill  of  arrears  or  making 


30  CODE   OP   ORDINANCES  OF  THE   CITY   OF   NEW   YORK 

searches  upon  a  requisition  for  searches,  on  each  lot  or  piece  of 
property  mentioned  or  referred  to  therein,  namely: 

a.  In  respect  of  water  rents,  50  cents; 

b.  In  respect  of  taxes,  50  cents; 

c.  In  respect  of  assessments,  50  cents; 

d.  For  his  certificate  upon  any  such  bill  or  search,  when  requested, 
10  cents.    (C.  O.  §  77.)  .      . 

§  266.  Apportionment  of  taxes. — When  several  lots  or  parcels  of 
land  belonging  to  different  persons  are  assessed  for  taxes  in  one  par- 
cel, the  comptroller  may  make  the  proper  apportionment  of  the  tax 
among  the  different  owners.  (G.  O.  §  29.) 

ARTICLE   14 

MISCELLANEOUS   REGULATIONS 

Sec.  270.  Bonds  of  city  officers. 

Sec.  270.  Bonds  of  city  officers. — Before  entering  upon  the  duties  of 
his  office: 

1.  The  comptroller  shall  give  a  bond  to  the  city,  conditioned  upon 
the  faithful  performance  of  the  duties  of  his  office,  in  the  penal  sum 
of  $200,000  with  a  surety  company  or  two  or  more  sufficient  sureties 
to  justify  in  double  the  amount  under  oath  before  a  judge  of  the 
supreme  court,  on  notice  to  the  corporation  counsel,  whereupon  the 
same  shall  be  immediately  filed  with  the  city  clerk  by  the  comptroller; 

2.  The  chamberlain  shall  give  a  bond  to  the  people  of  the  State  of 
New  York  in  the  sum  of  $300,000  within  10  days  after  receiving 
notice  of  his  appointment,  with  not  less  than  four  sufficient  sureties, 
to  be  approved  by  the  comptroller,  conditioned  that  he  will  faithfully 
discharge  the  duties  of  his  office  and  all  trusts  imposed  on  him  by 
law. 

3.  Each  of  the  following  officers  or  employees  shall  execute  a  bond 
to  the  city,  conditioned  for  the  faithful  performance  of  the  duties  of 
his  office,  with  one  or  more  sureties,  to  be  approved  by  the  comp- 
troller, except  in  the  cases  of  the  receiver  of  taxes  and  the  collector 
of  assessments,  whose  bonds  shall  be  approved  by  the  chamberlain,  in 
the  penal  sum  as  follows: 

Each  deputy  comptroller $  10,000  00 

Receiver  of  taxes 25,000  00 

Collector  of  assessments  and  arrears 25,000  00 

Collector  of  city  revenue  and  superintendent  of  markets  15,000  00 

Each  deputy  collector  of  city  revenue 2,000  00 

Clerk  to  the  collector  of  city  revenue  and  superintendent 

of  markets 5,000  00 

City  clerk 20,000  00 

City  clerk's  cashier 3,000  00 

Deputy  city  clerk,  borough  of  The  Bronx 1,000  00 

borough  of  Brooklyn 5,000  00 

borough  of  Queens 1,000  00 

bprough  of  Richmond 1,000  00 

Commissioner  of  weights  and  measures  and  each  in- 

•pector  of  weights  and  measures 2,000  00 


ADMINISTRATIVE  PROVISIONS  31 

Chief  clerk,  bureau  of  weights  and  measures $     1,000  00 

Corporation  counsel 5,000  00 

Fire  commissioner  (as  treasurer  of  fire  department) 20,000  00 

Police  commissioner  (as  trustee  of  police  pension  fund)..  . .  100,000  00 

Supervisor  of  the  City  Record 5,000  00 

Deputy  supervisor  of  the  City  Record 5,000  00 

Each  commissioner  of  public  works 10,000  00 

Water  register 15,000  00 

(Charter  §§  152,  351  and  C.  O.) 
(As  amended  September  18,  1917.) 


32  CODE  OF  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 

CHAPTER  3 
Amusements  and  Exhibitions 

Article  1.  General  provisions. 

2.  Motion-picture  exhibitions. 

3.  Common  shows. 

ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  1.  Exhibitions  and  performances  to  be  licensed. 
"  2.  Issue  of  licenses,  fee. 

3.  Commutation  of  license  fee. 

3a.  Admission  tickets  and  charge  therefor. 

4.  Revocation  of  license. 

5.  Unlicensed  performances  and  exhibitions. 

6.  Preceding  sections  not  applicable  to  certain  performances. 
6a.  Charity  entertainments. 

7.  Exits,  to  be  numbered  and  indicated  on  programmes. 

8.  Protection  against  fire  or  panic. 

9.  Obstruction  of  aisles  and   passageways. 

10.  Sunday  observance. 

11.  Sale  of  liquors;  female  waiters. 

11  a.  Sale  of  tickets  by  ticket  offices;  issue  of  licenses;  fee;  revoca- 
tion; penalties. 
§  12.  Ticket  speculators. 
§  13.  Violations. 

Sec.  1.  Exhibitions  and  performances  to  be  licensed. — No  person  shall 
exhibit  to  the  public  in  any  building,  garden  or  grounds,  concert-room 
or  other  place  or  room  within  the  city,  any  interlude,  tragedy,  comedy, 
opera,  ballet,  play,  farce,  minstrelsy  or  dancing,  or  any  other  enter- 
tainment of  the  stage,  or  any  part  or  parts  thereof,  or  any  equestrian, 
circus  or  dramatic  performance,  or  any  performance  of  jugglers,  or 
rope  dancing,  or  acrobats,  until  a  license  for  the  place  of  such  exhibition 
for  such  purpose  shall  have  been  first  had  and  obtained,  as  hereinafter 
provided.  (§  1472.  N.  Y.  Charter,  now  superseded  by  this  ordinance 
and  following  sections  as  provided  by  §  3  of  the  Amendatory  Act  of  1901.) 

While  this  section  includes  public  entertainments  on  a  stage,  The  Mayor  v.  Eden 
Musee  Co.,  102  N.  Y.  593,  it  has  been  held  not  to  apply  to  those  given  merely  to 
advertise  goods,  Weistblatt  v.  Bingham,  58  Misc.  328;  People  v.  Martin,  Deul,  J., 
N.  Y.  Law  Journal,  Feb.  8,  1912;  People  v.  Campbell,  51  App.  Div.  565.  This 
section  is  practically  the  same  as  §  1998  of  the  Consolidation  Act,  L.  1882,  ch.  410, 
and  there  are  also  earlier  decisions  under  that  section.  In  Collister  v.  Hayman, 
183  N.  Y.  250,  it  was  held  this  section  conferred  no  new  rights  upon  the  patrons  of 
theatres. 

§  2.  Issue  of  licenses,  fee. — The  commissioner  of  licenses  is  hereby 
authorized  and  empowered  to  grant  and  issue  the  license  referred  to 
in  the  preceding  section,  to  continue  in  force  until  the  first  day  of  May 
next  ensuing  the  grant  thereof,  on  receiving  for  each  license  so  granted, 
and  before  the  issuing  thereof,  the  sum  of  $500;  provided  that  in  the 
borough  of  Richmond  such  license  fee  shall  be  $100.  Such  licenses 
shall  be  uniform  and  may,  in  the  discretion  of  the  commissioner,  contain 
provisions  and  conditions  which,  in  his  judgment,  may  be  essential  for 
the  welfare  and  benefit  of  the  people  of  and  visitors  to  the  city,  including 
provisions  and  conditions,  respecting  the  tickets  or  other  tokens  entitling 
their  holders  to  admission  to  such  places,  and  respecting  the  hours  of 
opening  and  closing  thereof.  (Charter  §  1473.) 


AMUSEMENTS  AND  EXHIBITIONS  33 

§  1473.  N.  Y.  Charter,  changed  by  giving  power  to  issue  license  to  Commissioner 
of  Licenses  instead  of  the  police  department.  It  has  been  frequently  held  that 
granting  the  license  was  discretionary,  not  to  be  controlled  by  mandamus  unless 
discretion  was  abused,  ^ee  People  ex  rel.  Rota  v.  Baker,  136  App.  Div.  7;  People 
ex  rel.  Armstrong  v.  Murphy,  65  App.  Div.  123;  People  ex  rel.  Worth  v.  Grant, 
58  Hun,  455.  Power  to  restrict  and  regulate  lawful  occupations  must  be  exercised 
with  care  to  right  of  individuals.  Great.  N.  Y.  Athletic  Club  v.  Wurster,  19  Misc. 
443  (Gaynor,  J.).  See  Matter  of  Ormsby  v.  Bell,  218  N.  Y.  212. 

§  3.  Commutation  of  license  fee. — The  commissioner  of  licenses  is 
hereby  authorized  to  grant  licenses  for  exhibitions  or  performances, 
as  provided  in  sections  1  and  2  of  this  article,  for  any  term  less  than 
one  year,  and  in  any  case  where  such  license  is  for  a  term  of  three  months 
or  less,  he  is  hereby  authorized  to  commute  the  fee  therefor  for  a  sum 
less  than  $500,  but  in  no  case  less  than  $250,  for  a  theatre,  or  $150  for  a 
circus,  concert-room  or  other  building  or  place  whatsoever;  provided 
that  in  the  borough  of  Richmond  such  commutation  of  license  fee  shall 
be  $50.  (Ord.  Feb.  14,  1911,  as  amend.) 

§  3a.  Admission  tickets  and  charge  therefor. — The  right  of  admission 
to  any  exhibition  or  performance  conducted  by  a  licensee  under  a  li- 
cense, issued  by  the  Commissioner  of  Licenses  pursuant  to  the  preceding 
sections  of  this  article,  shall  be  evidenced  by  a  ticket,  card  or  other 
token  on  the  face  of  which  shall  be  conspicuously  printed  the  regular 
or  established  price  or  charge  therefor;  and  if  such  licensee,  or  any  officer 
or  employee  thereof,  shall,  for  the  sale  of  such  a  ticket,  card  or  token, 
directly  or  indirectly,  exact,  accept  or  receive  any  greater  amount 
then  the  sum  of  the  regular  or  established  price  or  charge  therefor  printed 
on  the  face  thereof,  plus  the  amount  of  any  tax  imposed  by  the  Govern- 
ment of  the  United  States  upon  such  ticket,  card  or  token  or  the  right 
of  admission  thereunder,  the  license  of  such  licensee  may  be  revoked 
and  annulled  in  the  manner  provided  by  this  article;  and  such  licensee, 
or  such  officer  or  employee,  who  shall  so  exact,  accept  or  receive  any 
such  greater  amount  shall  be  liable  to  the  punishment  prescribed  by 
section  13  of  this  article.  (New.) 

§  4.  Revocation  of  license. — Any  license  provided  for  by  the  preceding 
sections  may  be  revoked  and  annulled  by  any  judge  or  justice  of  a  court 
of  record,  upon  proof  of  a  violation  of  any  provision  of  this  article.  The 
proof  shall  be  taken  before  such  judge  or  justice,  upon  notice  of  not  less 
than  two  days  to  show  cause  why  such  license  should  not  be  revoked. 
He  shall  hear  the  proofs  and  allegations  in  the  case  and  determine  the 
same  summarily,  and  no  appeal  shall  be  taken  from  his  determination. 
Any  person  whose  license  shall  have  been  revoked  or  annulled  shall  not 
thereafter  be  entitled  to  a  license  under  any  provision  of  this  chapter. 
On  any  examination,  pursuant  to  a  notice  to  show  cause  as  aforesaid, 
the  licensee  may  be  a  witness  in  his  own  behalf.  (Charter  §  1476.) 

This  section  must  be  construed  with  §  10,  infra,  which  provides  as  to  revocation 
for  Sunday  performances.  See  Matter  of  City  of  New  York,  131  App.  Div.  767. 
Also  see  People  ex  rel.  Hammerstein  v.  O'Gorman,  124  App.  Div.  222;  In  re  Sulli- 
van, 31  Misc.  1;  Matter  N.  Y.  Sabbath  Committee,  44  Misc.  422. 

§  5.  Unlicensed  performances  and  exhibitions. — In  case  any  person 
shall  open  or  advertise  to  open  any  theatre,  circus  or  building,  garden 
or  ground,  concert-room  or  other  place,  for  any  exhibition  or  perform- 
ance referred  to  in  section  1  of  this  article,  without  first  haying  obtained 
a  license  therefor,  as  provided  for  by  sections  2  or  3  of  this  article,  the 
corporation  counsel  may  apply  to  the  supreme  court,  or  any  justice 
thereof,  for  an  injunction  to  restrain  the  opening  thereof  until  its  pro- 
prietor shall  have  complied  with  the  requirements  of  those  sections,  and 
also  with  such  order  as  to  costs  as  the  court  or  justice  may  deem  just 
and  proper  to  make,  which  injunction  may  be  allowed  upon  a  com- 
plaint in  the  name  of  the  city,  in  the  same  manner  as  injunctions  are 
now  usually  allowed  by  the  practice  of  said  court.  Any  injunction  al- 
lowed under  this  section  may  be  served  by  posting  the  same  upon  the 
outer  door  of  the  theatre  or  circus  or  building  wherein  such  exhibition 


34  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

may  be  proposed  to  be  held;  or,  if  the  same  shall  be  in  a  garden  or  grounds, 
then  by  posting  the  same  at  or  on  or  near  the  entrance  way  to  any  such 
place  of^  exhibition.  In  case  of  any  proceeding  against  the  manager 
or  proprietor  of  any  such  theatre,  circus  or  building,«or  garden  or  grounds, 
as  aforesaid,  it  shall  not  be  necessary  to  prove  the  personal  service  of 
the  injunction,  but  the  service  hereinbefore  provided  shall  be  deemed 
and  held  sufficient.  (Charter  §  1479.) 

(See  Wallack  v.  Society,  67  N.  Y.  23.) 

§  6.  Preceding  sections  not  applicable  to  certain  performances. — The 
provisions  and  requirements  of  the  preceding  sections  of  this  article 
shall  not  be  held  to  apply  to  any  building,  hall,  room  or  rooms,  in  which 
only  private  theatricals,  tableaux  and  other  exhibitions  for  charitable 
and  religious  purposes  are  given,  nor  to  the  manager  of  exhibitions 
given  by  amateurs  for  the  benefit  of  any  church,  mission,  parish  or 
Sunday  school,  or  for  any  other  charitable  or  religious  purpose  nor 
shall  the  same  be  held  to  apply  to  any  masonic  temple;  nor  to  the  trustees 
of  any  masonic  hall  and  asylum  fund,  so  long  as  the  revenues  of  said 
temple  shall  continue  to  be  applied  to  the  use  of  the  masonic  hall  and 
asylum,  or  other  charitable  purpose;  nor  to  the  Educational  Alliance, 
nor  to  the  directors  or  officers  thereof,  as  such,  with  respect  to  any 
building  which  shall  in  whole  or  in  part  be  owned  or  leased  by  said  Alli- 
ance, while  so  owned  or  leased,  or  so  long  as  the  revenue  thereof  shall 
continue  to  be  applied  to  the  support  of  the  Alliance  and  to  the  re- 
ligious, charitable,  social,  educational  or  literary  purposes  thereof,  nor 
to  performances  held  under  the  auspices  of  Community  Councils, 
provided  the  revenue  thereof  shall  be  applied  to  the  support  of  Com- 
munity Councils,  and  the  social,  educational  and  literary  purposes 
thereof.  (Charter  §  1480.) 

Adopted  July  13,  1920.    Became  effective  July  26,  1920. 

§  6a.  Charity  entertainments. 

1.  Definition,     (a)   "Manager  of  a  charity  entertainment."     Wher- 
ever used  in  this  section  the  term  "manager  of  a  charity  entertainment" 
shall  be  deemed  to  mean  a  person  who  undertakes  or  assists  in  the 
management    of    any    theatrical    performance,    concert,    lecture,    ball, 
atheletic  exhibition  or  other  entertainment,  publicly  advertised  as  for 
charity,   or  for  the  benefit  of  any  person,   association  or  institution, 
except  for  the  benefit  of  a  subordinate  lodge  or  branch  of  duly  constituted 
or  incorporated  fraternities  or  kindred  societies,  and  incorporated  religious 
institutions,  where  an  admission  fee  is  charged  or  a  collection  taken  up. 

2.  License,  bond  and  fee. — No  manager  of  a  charity  entertainment, 
not  having  been  connected,  for  a  period  of  at  least  3  months  immedi- 
ately preceding  the  undertaking,  with  the  regularly  incorporated  charity 
or  charities,  for  the  benefit  of  which  the  entertainment  is  held,  shall 
advertise  any  charity  entertainment,  or  receive  money  from  the  pro- 
motion of  same,  without  a  license  therefor,  and  without  having  given 
bond  to  the  city  with  sufficient  surety,  to  be  approved  by  the  commis- 
sioner of  licenses,  in  the  penal  sum  which  shall  be  fixed  by  such  com- 
missioner conditioned  for  the  due  observance  of  the  provisions  of  law 
or  ordinance  relating  to  such  entertainments. 

The  license  fee  of  each  manager  of  any  theatrical  performance,  con- 
cert, lecture,  ball  or  other  entertainment,  or  any  consecutive  series  of 
such  entertainments,  shall  be  $1.00. 

3.  Estimate  of  expenses. — Every  manager  of  a  charity  entertainment 
shall  file  with  the  bureau  of  licenses,  with  the   application   for  such,  a 
statement  of  estimated  expenses,  with  the  percentage  of  the  gross  pro- 
ceeds or  fixed  amounts  to  be  retained  by  the  managers,  or  other  conditions 
of  employment.     Every  manager  of  a  charity  entertainment  shall  also 
publish  a  statement  of  the  sum  total  of  the  estimated  expenses  of  any 
entertainment  or  series  of  entertainments,  or  a  statement  of  the  per- 
centage of  the  gross  proceeds  to  be  devoted  to  the  charitable  object  or 
objects,  or  both,  which  shall  appear  in  a  conspicuous  place  on  any  ad- 


AMUSEMENTS  AND  EXHIBITIONS  35 

vertisement,    posters,    programs,    invitations,    letters    of    credential    or 
appeal,  and  on  the  license. 

4.  Records  of  receipts  and  expenditures. — Every  manager  of  a  char- 
ity entertainment  shall  keep  records  of  every  such  entertainment,  in 
which  shall  be  legibly  written  a  list  of  all  the  receipts  and  expenditures, 
including  the  accruals,  and  this  list  shall  be  open  at  all  reasonable  times 
to  the  inspection  of  the  commissioner  of  licenses,  and  shall  be  filed  in 
the  Bureau  of  Licenses  within  10  days  after  such  entertainment,  or 
series  of  entertainments  has  taken  place  as  a  public  record. 

Sec.  2.  Any  violation  of  the  provisions  of  this  section  shall  be  punish- 
able by  a  fine  of  $250  or  by  imprisonment  for  a  term  of  6  months,  or 
by  both  such  fine  and  imprisonment.  (New.) 

Adopted  November  27,  1917.    Approved  December  3,  1917. 

§  7.  Exits,  to  be  numbered  and  indicated  on  programmes. — The  owner, 
lessee,  manager,  or  other  person  having  charge  or  control  of  any  theatre 
shall  cause  each  and  every  door  and  means  of  exit,  for  use  in  case  of 
fire  or  panic,  to  be  numbered  conspicuously,  so  as  to  be  visible  to  the 
audience  by  whom  the  same  may  be  used,  and  shall  have  or  cause  to  be 
printed  in  conspicuous  type,  on  the  programme  or  bill  of  the  play,  a  plan 
or  diagram  and  explanation  showing  each  of  said  exists  thereon,  and 
referring  to  the  numbers  aforesaid.  (Charter  §  1487.) 

§  8.  Protection  against  fire  or  panic. — The  fire  commissioner  may 
detail,  not  to  exceed  two  members  of  the  uniformed  force  of  the  fire 
department,  to  each  and  every  place  of  amusement  where  machinery 
or  scenery  are  in  use,  while  such  place  is  open  to  the  public.  Their  duty 
shall  be  to  guard  against  fire,  to  take  charge  and  control  of  the  means 
provided  for  its  extinguishment,  and  control  and  direct  the  employees 
of  the  place  to  which  they  may  be  detailed  in  the  extinction  of  any  fire 
which  may  occur  therein.  A  member  of  the  uniformed  force  on  such 
detail  shall  inspect  every  portion  of  the  building  to  which  he  may  be  de- 
tailed, during  each  public  performance  therein,  for  the  purpose  of  guarding 
and  protecting  the  occupants  from  fire  or  panic.  In  all  places  of  public 
amusement  or  entertainment,  not  included  in  the  foregoing  provisions 
of  this  section,  except  in  fireproof  buildings,  there  shall  be  employed 
by  the  owner  or  proprietor  thereof  one  or  more  watchmen,  whose  ex- 
clusive duty  it  shall  be  to  protect  and  guard  the  inmates  of  such  buildings 
from  fire  and  other  sources  of  danger.  (Ord.  Dec.  19,  1911,  in  part.) 

§  9.  Obstruction  of  aisles  and  passageways. — Whenever  any  mem- 
ber of  the  uniformed  force  of  the  fire  department  shall  discover  in  any 
inside  aisle  or  passageway  in  any  such  place  of  amusement,  any  camp 
stool,  chair,  sofa,  or  other  obstruction,  or  any  person  standing  or  sitting 
therein,  during  any  public  performance,  he  shall  forthwith  notify  the 
proprietor  or  manager  of  such  place  of  amusement,  or  any  usher,  agent 
or  other  employee  of  such  proprietor  or  manager  then  present,  to  cause 
the  obstruction  to  be  forthwith  removed,  or  to  cause  the  person  standing 
or  sitting  in  such  aisle  or  passageway  to  forthwith  vacate  the  same, 
except  as  hereinafter  provided.  If  such  manager,  proprietor,  usher, 
agent,  or  employee  shall  cause  or  permit  any  camp  stool,  chair,  sofa,  or 
other  obstruction  to  be  placed  or  remain  in  any  aisle  or  passageway  in 
any  such  place  of  amusement,  or  shall  cause,  or  permit,  any  person  to 
stand  or  sit  therein,  during  any  public  performacne,  or,  having  been  so 
notified,  shall  neglect  or  refuse  to  cause  such  obstruction  to  be  forthwith 
removed,  or  such  person  to  forthwith  vacate  the  aisle  or  passageway, 
they  shall  each  severally  be  deemed  to  have  violated  the  provisions  and 
requirements  of  this  section;  provided,  however,  that  where  there  is  a 
passageway  in  the  rear  of  the  seats  in  such  place  of  amusement,  more 
than  (i  feet  in  depth,  it  shall  be  lawful  to  permit  persons  to  stand  therein, 
as  follows: 

a.  Standing  in  passageways. — If  the  passageway  is  more  than  <>  feet 
and  less  than  16  feet  deep  persons  may  stand  therein,  provided  an  un- 
obstructed passageway  of  at  least  6  feet  in  depth  is  left  open,  and  there 


36  CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

are  no  more  than  4  rows  of  persons  standing;  if  the  passageway  is  more 
than  16  feet  deep,  any  number  of  persons  or  rows  of  persons  may  stand 
therein,  provided  that  an  unobstructed  passageway  of  at  least  10  feet 
in  depth  is  left  open;  and  in  places  of  amusement  having  a  passageway 
in  the  rear  of  the  seats,  6  feet  or  less,  in  depth,  but  having  in  addition 
an  .outer  passageway  in  the  rear  thereof,  to  which  all  aisle  heads  have 
straight  and  direct  access,  2  rows  of  persons  may  be  permitted  to  stand 
in  such  passageway  in  the  rear  of  such  seats,  but  under  no  circumstances 
more  than  2  such  rows; 

b.  Standing  in  balconies. — In  balconies  or  galleries,    only  one  row  of 
persons  shall  be  permitted  to  stand; 

c.  Standing  room  to  be  indicated. — The  space  to  be  occupied  by  said 
standees  shall  be  separated  from  the  space  to  be  left  clear  for  passage, 
by  tape,   ribbon  or  other  easily  broken  material,   supported   by  light 
posts  fixed  in  stationary  sockets  and  not  less  than  3  nor  more  than  4 
feet  from  the  floor;  all  to  be  so  constructed  and  placed  as  to  be  no  ob- 
struction in  case  of  panic  or  emergency; 

d.  Standing  in  aisles. — But  in  no  event,  nor  under  any  circumstances, 
shall  any  person  be  allowed  to  stand  in  or  at  the  head  of  any  aisle. 

(Ord.  Dec.  19,  1911,  in  part.)  See  also  Building  Code  (ch.  5,  Art.  23)  as  to  build- 
ings of  a  public  character  and  requirements  for  public  safety.  That  aisles  and  pas- 
sageways in  theatres  should  be  kept  free  and  clear  has  been  repeatedly  held,  see 
Fire  Dept.  v.  Stetson,  14  Daly,  125;  Fire  Dept.  v.  Hill,  14  N.  Y.  Supp.  158;  Sturgis  v. 
Coleman,  38  Misc.  302.  In  Sturgis  v.  Grau,  39  Misc.  330,  it  was  held  the  space  was 
not  a  passageway.  Blocking  aisles  in  a  motion-picture  theatre  held  violation  of 
§  1530,  Penal  Law.  Russell,  C.  J.,  People  v.  Marks,  N.  Y.  Law  Journal,  Feb.  15, 
1913. 

§  10.  Sunday  observance. — No  person  shall  exhibit  on  the  first  day 
of  the  week,  commonly  called  Sunday,  to  the  public,  in  any  building, 
garden,  grounds,  concert-room  or  other  room  or  place  within  the  city, 
the  performance  of  any  tragedy,  comedy,  opera,  ballet,  farce,  negro 
minstrelsy,  negro  or  other  dancing,  wrestling,  boxing,  with  or  without 
gloves,  sparring  contest,  trial  of  strength,  or  any  part  or  parts  thereof, 
nor  any  circus,  equestrian  or  dramatic  performance  or  exercise,  nor  any 
performance  or  exercise  of  jugglers,  acrobats,  club  performances^  or 
rope  dancers;  but  nothing  herein  contained  shall  be  deemed  to  prohibit 
at  any  such  place  or  places  on  the  first  day  of  the  week,  commonly  called 
Sunday,  sacred  or  educational,  vocal  or  instrumental  concerts,  lectures, 
addresses,  recitations  and  singing,  provided  that  such  above  mentioned 
entertainments  shall  be  so  given  as  not  to  disturb  the  public  peace  or 
amount  to  a  serious  interruption  of  the  repose  and  religious  liberty 
of  the  community.  Any  person  wilfully  offending  against  the  provisions 
of  this  section,  and  every  person  knowingly  aiding  in  such  exhibitions, 
except  as  herein  provided,  by  advertisements  or  otherwise,  and  every 
owner  or  lessee  of  any  building,  part  of  a  building,  grounds,  garden  or 
concert-room,  or  other  room  or  place,  who  shall  lease  to  let  out  the  same 
for  the  purpose  of  any  such  exhibition  or  performance,  except  as  herein 
provided,  or  assent  that  the  same  be  used  for  any  such  purpose,  shall  be 
subject  to  a  penalty  of  $500,  which  penalty  the  corporation  counsel  is 
hereby  authorized  to  prosecute,  sue  for  and  recover;  and,  on  the  re- 
covery of  a  judgment  for  the  penalty  herein  provided,  against  any 
manager,  proprietor,  owner  or  lessee,  consenting  to  or  causing  or  al- 
lowing, or  letting  any  part  of  the  building  for  the  purpose  of  any  ex- 
hibition or  performance,  prohibited  by  this  section,  the  license  which 
shall  have  been  previously  obtained  by  such  manager,  proprietor,  owner 
or  lessee  shall  be  of  itself  vacated  and  annulled.  (Ord.  Dec.  19,  1907, 
with  slight  changes.) 

The  ordinance  is  not  to  be  deemed  invalid  because  Penal  Code  makes  the  same 
offense  a  misdemeanor.  City  N.  Y.  v.  Alhambra  Theatre  Co.,  136  App.  Div.  509; 
aff'd,  202  N.  Y.  528.  An  ordinance  forbidding  any  show  to  be  given  for  pay  on 
Sunday  in  Yonkers,  held  to  be  reasonable.  Hamilton  v.  Lennon,  Mayor  Yonkers, 
N.  Y.  Law  Journal,  Jan.  21,  1915. 

§  lOa.  Baseball  Games  on  Sunday. — It  shall  be  lawful  to  play  baseball 


AMUSEMENTS  AND  EXHIBITIONS  37 

games,  to  which  an  admission  fee  may  or  may  not  be  charged,  on  the 
first  day  of  the  week,  commonly  called  Sunday,  after  tvo  o'clock  in  the 
afternoon,  provided,  however,  that  where  prices  are  charged  for  wit- 
nessing baseball  games  they  shall  not  exceed  those  charged  for  similar 
games  on  other  days  of  the  week.  (New.) 

Adopted  April  29,  1919.    Approved  May  1,  1919. 

§  11.  Sale  of  liquors;  female  waiters. — No  wine,  beer  or  strong  or 
spirituous  liquors  shall  be  sold  or  furnished  to  any  person  in  the  audi- 
torium or  lobbies  of  any  place  of  exhibition  or  performance  mentioned 
in  section  1  of  this  title,  nor  in  any  apartment  connected  therewith  by 
any  door,  window,  or  other  aperture,  except  that  the  commissioner 
of  licenses  may,  in  his  discretion,  and  subject  to  such  regulations  and 
restrictions  as  he  may  determine,  permit  the  same  to  be  sold  or  furnished- 
while  concerts,  consisting  of  vocal  or  instrumental  music  only,  are 
being  given  in  a  place  duly  licensed  by  him  as  herein  provided.  Such 
permission  shall  only  be  operative  so  long  as  it  shall  be  lawful  under 
the  laws  of  this  state  to  sell  or  furnish  wine,  beer  or  stronger  spirituous 
liquors  at  such  place,  and  may  be  revoked  at  any  time  by  the  com- 
missioner. No  person  shall  employ  or  furnish  or  permit  or  assent  to 
the  employment  or  attendance  of  any  female  to  wait  on,  or  attend  in 
any  manner,  or  furnish  refreshments  to  the  audience  or  spectators,  or 
any  of  them,  at  any  of  the  exhibitions  or  performances  mentioned  in 
said  section,  or  at  any  other  place  of  public  amusement  in  the  city. 

The  provisions  of  this  section  shall  not  be  construed  to  interfere  with 
the  right  of  any  incorporated  or  other  society,  organized  and  maintained 
for  the  cultivation  of  vocal  or  instrumental  music,  to  exercise  and  practice 
the  same  in  good  faith  for  themselves  only,  and  not  for  the  observation 
and  entertainment  of  the  public;  nor  shall  the  use  or  occupation  by  any 
such  society  for  the  purposes  aforesaid  of  any  hall  or  room,  connected 
with  any  place  wherein  by  the  laws  of  this  state  it  is  lawful  to  sell  wine, 
beer,  or  strong  or  spirituous  liquors,  be  construed  to  make  such  hall  or 
room  a  place  of  public  amusement,  within  the  provisions  of  this  act.  No 
license  shall  be  granted  for  any  exhibition  or  performance,  given  in  viola- 
tion of  this  section,  and  any  and  every  exhibition  and  performance  at 
which  any  of  the  provisions  of  this  section  shall  be  violated,  shall  of 
itself  vacate,  annul  and  render  void  and  of  no  effect  any  license  which 
shall  have  been  previously  obtained  by  any  manager,  proprietor,  owner  or 
lessee  consenting  to,  causing,  allowing  or  letting  any  part  of  a  building  for 
the  purpose  of  such  exhibition  and  performance.  (Charter  §§  1483, 1484.) 

§  11  a.  Sale  of  tickets  by  ticket  offices;  issue  of  licenses;  fee;  revocation, 
penalties. — No  person  shall  engage  in  the  business  of  selling  the  tickets, 
cards  or  other  tokens  evidencing  the  right  of  admission  to  exhibitions 
or  performances  conducted  by  licensees  under  licenses  issued  by  the 
commissioner  of  licenses  pursuant  to  the  preceding  sections  of  this 
article,  or  shall  open  or  conduct  an  office,  agency  or  other  place  by  what- 
ever name  known  at  which  such  tickets  are  sold  or  offered  for  sale,  unless 
a  license  shall  have  been  issued  to  such  person  by  the  commissioner  of 
licenses  upon  the*  payment  of  the  fee  herein  prescribed.  Every  license 
shall  expire  on  the  first  day  of  May  next  ensuing  the  grant  thereof. 
The  fee  for  such  a  license  shall  be  $250.  A  licensee  under  this  section, 
or  any  officer  or  employee  thereof,  shall  not  directly  or  indirectly  exact, 
accept  or  receive  for  any  ticket  or  other  token  of  admission  to  an  ex- 
hibition or  performance  conducted  by  a  licensee  under  the  preceding 
sections  of  this  article  any  greater  amount  than  50  cents  in  excess  of  the 
sum  of  the  regular  or  established  price  or  charge  therefor  printed  on  the 
face  of  such  ticket,  plus  the  amount  of  any  tax  imposed  by  the  Govern- 
ment of  the  United  States  upon  such  ticket  or  the  right  of  admission 
thereunder.  The  license  of  any  licensee  under  this  section  may  be 
revoked  and  annulled  in  the  manner  provided  by  section  4  of  this  article, 
for  any  violation  of  this  section.  Any  person  who  shall  engage  in  any 
business  or  conduct  an  office,  agency  or  other  place,  for  which  a  license 


38  CODE   OF   ORDINANCES  OP  THE    CITY   OP  NEW   YORK 

is  required  by  this  section,  without  procuring  such  license,  shall,  upon 
conviction  thereof,  be  liable  to  the  punishment  prescribed  by  section 
13  of  this  article.  This  section  shall  not  be  deemed  to  require  a  licensee 
under  sections  one  and  two  of  this  article  to  obtain  an  additional  license 
for  the  sale  by  him  of  tickets  of  admission  to  a  licensed  exhibition  or 
performance  conducted  by  him. 

See  Re  Gilchrist,  110  Misc.  362. 

§  12.  Ticket  speculators. — No  person  shall  conduct  on  or  in  any  street 
in  the  city,  the  business  of  selling  or  offering  for  sale  any  ticket  of  ad- 
mission, or  any  other  evidence  of  any  license,  contract  or  right  of  entry 
to  any  performance  or  exhibition,  in  or  about  the  premises  of  any  duly 
licensed  theatre,  concert  hall,  place  of  public  amusement,  circus,  common 
show,  or  any  place  of  public  amusement  for  which  a  license  is  not  re- 
quired by  law;  nor  shall  any  person  solicit,  by  words,  signs,  circulars  or 
other  means,  any  person  to  purchase  any  such  ticket  upon  any  street. 
No  person  shall  sell,  or  offer  for  sale,  on  or  in  any  street  in  the  city,  or 
in  any  building  in  the  city,  tickets  of  admission  to  any  stand  or  stands 
erected  under  the  auspices  of  the  municipal  or  state  authorities  for  the 
purpose  of  accommodating  spectators  of  any  parade  or  parades  in  the 
streets  or  thoroughfares  of  the  city  of  New  York,  or  for  any  public  cere- 
mony, attraction  or  banquet  to  be  held  in  any  theatre  or  other  building 
in  the  City  of  New  York.  Any  person  who  shall  violate  any  provision 
of  this  section,  shall,  upon  conviction  thereof,  be  punished  as  provided 
in  §  10  of  chapter  27  of  this  ordinance. 

Adopted  March  3,  1919.    Approved  March  10,  1919. 

§  13.  Violations. — Except  as  otherwise  specifically  provided  therein, 
any  person  who  shall  violate,  or  refuse  or  neglect  to  comply  with,  any 
provision  of  this  article  shall,  upon  conviction  thereof,  be  punished  by  a 
fine  of  not  more  than  $500  or  by  imprisonment  for  not  more  than  6 
months,  or  by  both  such  fine  and  imprisonment;  and  any  such  person 
shall,  also  for  each  offense,  be  subject  to  the  payment  of  a  penalty  in  the 
sum  of  $250,  to  be  recovered  in  a  civil  action  brought  in  the  name  of  the 
city.  (Charter  §  1477;  also  §§  1482,  1485  and  Ord.  Dec.  19,  1907.) 

ARTICLE  2 

MOTION-PICTURE  EXHIBITIONS 

Sec.  30.  Definitions. 

§  31.  Control  of  motion-picture  theatres. 
§  32.  Licenses. 
§  32a.  Exceptions. 

33.  Application  for  motion-picture  theatre  licenses. 

34.  Means  of  egress. 

35.  Fire  prevention. 

36.  Fire  extinguishing  appliances. 

37.  Heating. 

38.  Lighting. 

39.  Ventilating. 

40.  Sanitation. 

41.  Public  morals. 

_  42.  Private  or  non-professional  exhibitions  of  motion  pictures. 
§  43.  Operators  of  motion-picture  machines. 
§  44.  Violations. 

Sec.  30.  Definitions. — Unless  otherwise  expressly  stated,  whenever  used 
in  this  article,  the  following  terms  shall  respectively  be  deemed  to  mean : 

1.  Motion-pictures,  a  display  on  a  screen  or  other  device  of  pictures 
or  objects  in  motion  or  rapidly  changing  scenery,  whether  or  not  such 
display  shall  be  accompanied  by  a  lecture,  recitation  or  vocal  or  instru- 
mental music; 

2.  Motion-picture  theatre,  any  public  hall  or  room  in  which  motion- 


AMUSEMENTS   AND   EXHIBITIONS  39 

pictures  are  displayed,  in  which  the  seating  capacity  does  not  exceed 
600  persons  and  in  which  there  is  no  stage  or  scenery; 

3.  Open-air  motion-picture  theatre,  any  public  place  or  space  in  the 
open  air,  in  which  motion  pictures  are  exhibited  and  in  which  there 
is  no  stage  or  scenery.  (Ord.  July  8,  1913,  §§  352a,  352b.) 

§  31.  Control  of  motion-picture  theatres. — The  commissioner  of  licenses 
shall  regulate  and  control  all  motion-picture  theatres  and  open-air  motion- 
picture  theatres.  The  commissioner  shall  appoint  such  inspectors  as  may 
be  necessary  to  carry  out  the  provisions  of  this  article.  (Id.,  §  352c.) 

Granting  a  license  is  in  discretion  of  mayor  and  not  abuse  when  refused  near  a 
school.  People  ex  rel.  Moses  v.  Gaynor,  77  Misc.  576. 

When  moving-pictures  were  new  and  before  this  ordinance  there  was  a  question 
whether  they  were  common  shows.  Weisblatt  v.  Bingham,  58  Misc.  328;  People  v. 
Wacke,  77  Misc.  196. 

§32.  Licenses.  1.  Issue  and  re-4ssue. — All  motion-picture  theatres  and 
open-air  motion-picture  theatres  must  be  duly  licensed.  The  commissioner 
may  grant  and  issue  any  license  required  by  this  section.  Motion  picture 
theatre  licenses  and  open-air  motion-picture  theatre  licenses  shall  expire 
on  the  30th  day  of  June  next  succeeding  the  date  of  the  issue  thereof. 

2.  Fees. — License  fees  shall  be  as  follows: 

For  each  motion-picture  theatre,  $100; 

For  each  open-air  motion-picture  theatre,  $50; 

For  motion-picture  theatre  licenses,  and  open-air  motion-picture 
theatre  licenses  issued  between  the  1st  day  of  January  and  the  30th  day 
of  June,  inclusive,  of  any  year,  one-half  the  above  mentioned  fee  shall 
be  paid.  (New.) 

§  32a.  Exceptions. — All  the  provisions  of  this  article  excepting  the 
provisions  of  subdivision  2  of  section  30,  and  subdivision  2  of  section  32, 
and  all  the  provisions  of  article  24  of  chapter  5,  excepting  the  provisions 
of  section  501,  subdivisions  1,  3  and  5  of  section  502,  subdivisions  2,  3 
and  4  of  section  503,  and  subdivisions  1,  2  and  4  of  section  506,  shall 
apply  to  any  motion-picture  theatre  in  a  hotel  located  at  a  summer  re- 
sort, where  the  seating  capacity  does  not  exceed  1,000,  and  in  which  there 
is  no  stage  or  scenery,  and  to  which  no  admission  fee  is  charged  or  exacted ; 
provided,  however,  that  no  such  motion  picture  theatre  shall  be  operated 
above  or  below  the  ground  floor  of  any  building  and  that  the  Commis- 
sioner of  Licenses  shall  have  power  in  his  discretion  to  enforce  the  pro- 
visions of  subdivisions  3  and  4  of  section  503,  relating  to  exits  and  courts. 

The  license  fee  for  a  motion-picture  theatre  as  defined  by  the  above 
paragraph  shall  be  $100.  (Ord.  eff.  July  7,  1916.) 

§  33.  Application  for  motion-picture  theatre  licenses. — Applications  for 
motion-picture  theatre  licenses  or  for  open-air  motion-picture  theatre 
licenses  shall  be  made  to  the  commissioner  of  licenses,  who  shall  pass 
upon  the  location  of  the  theatre  and  upon  the  character  of  the  applicant 
for  the  license  without  delay.  Upon  the  application  for  the  issue  or 
reissue  of  a  license  for  a  motion-picture  theatre  or  an  open-air  motion- 
picture  theatre,  the  commissioner  shall  request  the  fire  department,  the 
department  of  water  supply,  gas  and  electricity,  the  department  of  health, 
and  the  bureau  of  buildings  of  the  borough  in  which  such  theatre  is  lo- 
cated, to  inspect  the  same,  and  the  said  departments  and  the  appropriate 
bureau  of  buildings  shall,  within  ten  days  after  receiving  such  requests, 
file  in  the  department  of  licenses  detailed  written  reports,  which  shall  in- 
rlude  a  statement  of  any  violation  of  law,  ordinance  rule  or  regulation  relat- 
ing to  such  structure,  and  any  dangerous  condition  existing  therein.  Upon 
the  failure  of  any  department  or  bureau,  except  the  fire  department 
and  the  bureau  of  buildings  having  jurisdiction,  to  file  such  report,  the 
commissioner  may  disregard  such  department  or  bureau  and,  in  his 
discretion,  may  issue  a  license.  Each  applicant  for  a  license  for  a  motion- 
picture  theatre  or  an  open-air  motion-picture  theatre,  shall  file  plans  and 
specifications  for  the  theatre  with  the  bureau  of  buildings  of  the  borough 
in  which  the  theatre  is  situated,  or  is  to  be  erected  or  constructed,  ami 
u  copy  of  such  plans  and  specifications,  duly  approved  by  the  appropri- 


40  CODE   OF   ORDINANCES   OP  THE   CITY   OF   NEW    YORK 

ate  superintendent  of  buildings,  shall  be  filed  in  the  department  of 
licenses  with  the  application  for  the  license.  (Id.,  §  352c  rearranged.) 

§  34.  Means  of  egress.  1.  Indication. — Over  every  exit  there  must 
be  painted  on  the  inside  in  letters  not  less  than  6  inches  high,  the  word 
"Exit"  in  legible  type,  and  one  red  light  or  illuminated  sign  must  be 
placed  inside  over  each  exit,  and  illuminated  while  the  audience  is  present, 

2.  Obstruction,  prohibited. — All  exit  doors  and  dogrs  leading  to  fire- 
escapes  in  all  motion-picture  theatres  and  open-air  motion-picture 
theatres  must  be  unlocked  when  the  theatres  are  open  to  the  public.  All 
passageways  and  exits  to  the  street  required  by  law  or  ordinance  must 
be  kept  free  and  clear,  and  shall  be  used  for  no  other  purpose  than  for 
entrance  and  exit  to  and  from  the  theatre.  No  aisle,  passageway  or 
space  in  the  rear  of  the  seats  in  such  a  theatre  shall  be  obstructed  by 
any  camp  stool,  chair,  sofa,  or  settee,  nor  shall  any  person  be  permitted 
to  stand  or  sit  therein.  (Id.,  §  352D.) 

Obstructing  aisle  a  misdemeanor  under  §  1530,  Penal  Law.  People  v.  Marks, 
N.  Y.  Law  Journal,  Feb.  15,  1913. 

§  35.  Fire  prevention.  1.  Care  of  films. — Every  booth  in  which  a 
motion-picture  projecting  machine  shall  be  operated  shall  contain  an 
approved  fireproof  box  for  the  storage  of  all  picture  films  not  on  the 
projecting  machine,  and  films  shall  not  be  stored  in  any  other  place 
on  the  premises.  No  film  shall  be  rewound  and  repaired  in  a  motion- 
picture  theatre,  except  in  the  booth  or  in  some  other  enclosure  approved 
as  fireproof  by  the  fire  commissioner.  The  requirements  of  this  section 
shall  apply  to  portable  booths  and  booths  in  open-air  theatres,  as  well 
as  to  motion-picture  theatres.  (Id.,  §§  352D,  352E.) 

"2.  Cellars.  The  basement  or  cellar  under  the  auditorium  shall  be  kept  free  and 
clear,  except  the  space  used  for  the  heating  apparatus,  for  machinery  connected 
with  the  theatre  and  for  coal  and  except  further  that  such  basement  or  cellar  if 
separated  from  the  auditorium  by  an  unpierced  floor,  either  of  fireproof  construc- 
tion or  covered  on  the  under  side  with  fire-retarding  material  approved  by  the 
Fire  Commissioner  and  Superintendent  of  Bureau  of  Buildings,  may  be  occupied 
for  a  business  deemed  by  the  Fire  Commissioner  not  to  be  hazardous."  (Amend. 
Nov.  9,  1915.) 

§  36.  Fire  extinguishing  appliances. — Portable  fire  extinguishing  ap- 
pliances, approved  by  the  fire  commissioner,  shall  be  provided  in  every 
motion-picture  theatre  and  open-air  motion-picture  theatre,  of  the  fol- 
lowing kind  and  number: 

1.  10-quart  capacity  buckets,  painted  red  with  the  word  "Fire"  in 
black,  the  letters  4  inches  high,  to  the  number  of  6  for  places  seating 
less  than  300  without  a  gallery,  and  2  additional  if  there  be  a  gallery, 
and  to  the  number  of  10  in  places  seating  over  300  persons,  and  4  addi- 
tional buckets  if  there  be  a  gallery; 

2.  Fire  extinguishers,  approved  by  the  fire  commissioner,  of  which 
2  shall  be  on  the  main  floor  and  2  in  the  gallery,  if  there  be  one,  and 

1  in  the  operating  booth; 

3.  4-pound  flat-head  axe's,  2  of  which  shall  be  on  the  main  floor  and 

2  in  the  gallery,  if  there  be  one; 

4.  2  buckets  filled  with  dry  sand,  to  be  kept  in  the  operating  booth. 
(Id.,  §  352D.) 

§  37.  Heating. — When  the  temperature  of  the  outdoor  air  is  below 
60  degrees  F.,  the  air  in  a  motion-picture  theatre,  while  an  audience 
is  present,  shall  be  maintained  at  a  temperature  not  lower  than  62  de- 
grees F.  nor  higher  than  70  degrees  F.  If  gas  stoves,  oil  stoves  or  other 
apparatus  throwing  off  products  of  combustion  are  used  to  heat  such  a 
theatre,  said  products  of  combustion  must  be  carried  to  the  outside 
air  by  means  of  a  fireproof  flue  or  flues.  No  radiator  shall  be  placed 
in  the  aisles  of  such  a  theatre,  so  as  to  lessen  the  width  below  the  mini- 
mum requirement. 

§  38.  Lighting. — Every  portion  of  a  motion-picture  theatre,  as  defined 
aforesaid,  including  exits,  courts  and  corridors  devoted  to  the  uses  or 
accommodation  of  the  public,  shall  be  so  lighted  by  electric  light,  during 


AMUSEMENTS   AND    EXHIBITIONS  41 

all  exhibitions  and  until  the  entire  audience  has  left  the  premises,  that 
a  person  with  normal  eyesight  should  be  able  to  read  the  Snellen  stand- 
ard test  type  40  at  a  distance  of  20  feet,  and  type  30  at  a  distance  of 
10  feet;  normal  eyesight  meaning  ability  to  read  type  20  at  a  distance  of 
20  feet,  in  daylight.  Cards  showing  types  20,  30  and  40  shall  be  dis- 
played on  the  side  walls,  together  with  a  copy  of  this  section. 

§  39.  Ventilating. — Motion-picture  theatres,  as  denned  aforesaid,  hav- 
ing less  than  200  cubic  feet  of  air  space  for  each  person,  or  motion-picture 
theatres  in  which  the  outside  window  and  door  area  is  less  than  one- 
eighth  of  the  floor  area,  shall  be  provided  with  artificial  means'  of  ventila- 
tion which  shall  supply,  during  the  time  when  the  audience  is  present, 
at  least  500  cubic  feet  of  fresh  air  per  hour  for  each  person. 

Motion-picture  theatres  having  more  than  200  cubic  feet  of  air  space 
for  each  person,  or  having  outside  windows  and  doors  the  area  of  which 
is  equal  to  at  least  one-eighth  of  the  floor  area,  shall  be  provided  with 
artificial  means  of  ventilation,  that  shall  be  in  operation  when  the  out- 
side temperature  requires  the  windows  to  be  kept  closed,  and  which 
shall  supply,  during  the  time  the  audience  is  present,  at  least  500  cubic 
feet  of  fresh  air  per  hour  for  each  person.  When  the  artificial  ventilation 
is  not  in  operation,  ventilation  by  means  of  open  doors  and  windows 
shall  be  sufficient  to  provide  each  person  with  500  cubic  feet  of  fresh 
air  per  hour. 

Motion-picture  theatres  having  more  than  1 ,000  cubic  feet  of  air  space 
for  each  person  and  having  outside  windows  and  doors,  the  area  of  which 
is  equal  to  at  least  one-eighth  of  the  total  floor  area,  shall  not  t>e  required 
to  have  artificial  means  of  ventilation,  provided  the  air  is  thoroughly 
changed  by  freely  opening  doors  and  windows,  immediately  before  the 
admission  of  the  audience  and  at  least  every  4  hours  thereafter. 

No  part  of  the  fresh  air  supply  required  by  any  paragraph  of  this 
section  shall  be  taken  from  any  source  containing  vitiated  air.  The  area 
of  outside  doors  and  windows  shall  mean  the  area  capable  of  being  freely 
opened  to  the  outside  air  for  ventilation  purposes.  When  fresh  air  is 
supplied  by  means  of  ventilating  openings,  at  least  1  inlet  shall  be  sit- 
uated at  one  end  of  the  room,  and  at  least  1  outlet  at  the  other  end  of 
the  room.  Where  exhaust  or  inlet  fans  are  necessary,  at  least  1  of  such 
fans  shall  be  placed  in  an  outlet  opening.  The  inlet  opening  or  openings 
shall  be  placed  in  the  floor  or  within  2  feet  from  the  floor,  and  the  outlet 
opening  or  openings  in  the  ceiling,  or  within  2  feet  of  the  ceiling.  The 
inlet  openings  and  their  surroundings  shall  be  kept  free  from  dust  so 
that  the  incoming  air  shall  not  convey  dust  or  stir  up  dust  as  it  enters. 

During  the  time  spectators  are  present,  the  air  in  the  theatre  shall 
be  kept  continuously  in  motion  by  means  of  fans  to  the  number  of  at 
least  1  to  every  150  persons.  Such  fans  shall  be  placed  in  positions 
remote  from  the  inlet  and  outlet  openings.  No  person  shall  be  exposed 
to  any  direct  draft  from  any  air  inlet. 

§  40.  Sanitation.  1.  Toilets. — Separate  toilets  for  each  sex  must  be  pro- 
vided in  every  motion-picture  theatre  and  open-air  motion-picture  theatre. 

2.  Cleanliness. — All  motion-picture  theatres  shall  be  kept  clean  and 
free  from  dust.  Their  floors,  where  covered  with  wood,  tiles,  stone, 
concrete,  linoleum,  or  other  washable  material,  shall  be  mopped  or 
scrubbed  with  water,  or  swept  with  moisture  or  by  some  dustless  method, 
at  least  once  daily,  and  shall  be  scrubbed  with  water  and  soap  or  water 
and  some  other  solvent  substance,  at  least  once  weekly.  All  carpets, 
rugs  and  other  fabric  floor  coverings  in  such  theatres  shall  be  cleaned  at 
least  once  daily,  by  suction  cleaning,  beating  or  dustless  sweeping.  Cur- 
tains and  draperies  shall  be  cleaned  at  least  once  monthly,  by  suction 
cleaning,  beating  or  washing.  Cornices,  walls  and  other  dust-holding 
places  shall  be  kept  free  from  dust  by  washing  or  moist  wiping.  The 
wood  and  metal  parts  of  all  seats  shall  be  kept  clean.  Fabric  upholstering 
of  scats  and  railings  and  other  fixed  fabrics  shall  be  cleansed  by  suction 
cleaning,  or  other  dustless  method,  at  least  once  monthly.  (Id.,  §  352F.1) 

§  41.  Public  morals. — The  inspectors  of  the  department  of  licenses 


42  CODE   OF   ORDINANCES   OP  THE   CITY   OF   NEW   YORK 

shall  investigate  the  character  of  exhibitions  in  motion-picture 
theatres  and  open-air  motion-picture  theatres,  and  shall  report  to 
the  commissioner  any  offense  against  morality,  decency  or  public 
welfare  committed  in  said  exhibitions.  (Id.,  §  352G.) 

§  42.  Private  or  non-professional  exhibitions  of  motion  pictures. — 
The  provisions  of  this  article  shall  not  apply  to  motion-picture 
exhibitions,  with  or  without  charge  for  admission,  conducted  under 
the  direct  management  of  educational  or  religious  institutions,  or 
held  or  given  in  conjunction  with  and  incidental  to  banquets,  enter- 
tainments, lectures,  receptions,  or  dances,  nor  to  motion-picture 
exhibitions,  without  charge  for  admission,  given  or  held  not  more 
than  once  a  week  in  private  residences  or  in  bona  fide  social,  scien- 
tific, political  or  athletic  clubs,  nor  to  any  motion  picture  exhibi- 
tions in  which  the  apparatus  for  projecting  such  motion  pictures 
uses  only  an  enclosed  incandescent  lamp,  only  cellulose  acetate  or 
other  slow-burning  film  of  a  size  or  perforation  differing  from  the 
Standard  as  used  in  theatrical  machines,  and  is  approved  by  the 
Fire  Commissioner  as  being  unsuitable  for  the  use  of  inflammable 
motion-picture  films. 

1.  Before  motion  pictures  shall  be  exhibited,  as  above  provided, 
there  shall  be  obtained  from  the  commissioner  of  licenses  a  permit 
for  such  exhibition,  application  for  which  shall  have  been  filed  in 
the  department  of  licenses. 

2.  Before  granting  such  permit,  the  commissioner  shall  cause  to 
be  inspected  the  premises  where  it  is  proposed  that  exhibition  shall 
be  held,  and  shall  grant  the  permit  if,  in  his  judgment,  the  safety 
of  the  public  is  properly  guarded,  and  provided  that,  for  an  audience 
of  more  than  75  people,  all  chairs  or  seats  shall  be  securely  fastened 
to  the  floor  or  fastened  together  in  rows; 

3.  The  apparatus  for  projecting  such  motion  pictures  shall  be 
contained  in  a  fire-proof  booth  or  enclosure  constructed  as  required 
by  the  law;  except  the  apparatus  or  motion-picture  machine  uses 
only  cellulose  acetate  films  of  a  size  or  perforation  differing  from 
the  Standard  as  used  in  theatrical  machines,  and  uses  only  an  en- 
closed incandescent  lamp  and  is  approved  b}'  the  Fire  Commis- 
sioner as  being  unsuitable  for  the  use  of  inflammable  motion-picture 
films. 

4.  Every  such  exhibition  shall  be  subject  to  the  inspection  of  the 
officers  and  inspectors  of  the  department  of  licenses,  for  the  pur- 
poses of  this  article. 

5.  The  commissioner  of  licenses  may,  in  his  discretion,  impose  a 
fee  for  the  issuance  of  such  permit,  which  said  fee,  however,  shall 
not  exceed  $5  for  one  month  or  part  thereof. 

6.  Nothing  contained  in  the  foregoing  paragraphs  of  this  section 
shall  be  so  construed  as  to  permit  any  person,  association  or  club 
to  hold  any  motion  picture  exhibitions,  excepting  exhibitions  held 
under  the  direct  management  of  educational  or  religious  institutions 
or  given  or  held  in  conjunct  ion  with  and  incidental  to  banquets,  en- 
tertainments, lectures,  receptions,  expositions  or  dances,  where  an 
admission  is  charged  without  the  payment  of  such  license  fee  as  is 
provided  for  in  section  32,  article  2,  chapter  3  of  this  ordinance. 
(Amend.,  July  1G,  1915  and  Dec.  28,  1915.) 

§  43.  Operators  of  motion-picture  machines.   1.  License  required.— 


AMUSEMENTS   AND    EXHIBITIONS  43 

No  person  shall  operate  any  motion-picture  apparatus  or  any  con- 
nection thereof,  unless  he  shall  have  been  duly  licensed  as  herein- 
after provided. 

2.  Application  for  license. — Any  person  desiring  to  act  as  a  motion- 
picture  operator  shall  make  application  for  a  license  as  such  to  the 
commissioner  of  water  supply,  gas  and  electricity,  who  shall  furnish 
to  each  applicant  blank  forms  of  application  which  he  shall  fill  out 
and  file  with  the  commissioner. 

3.  Examination. — The  commissioner  shall  make  rules  and  regula- 
tions governing  the  examination  of  applicants  and  the  issuance  of 
licenses   and   certificates;   provided  that  each  applicant  shall  be 
given  a  practical  examination,  under  the  direction  of  the  commis- 
sioner. 

4.  Issue  of  license  and  certificate. — If,  on  such  examination,  the 
applicant  is  found  to  be  competent  to  operate  motion-picture  appara- 
tus and  its  connections,  he  shall  receive  the  license  for  which  he  has 
applied,  within  6  days  after  his  examination;  which  license  shall 
continue  in  force  for  1  year  from  the  date  of  issue,  unless  sooner 
revoked  or  suspended.     With  every  license  granted  there  shall  be 
issued  to  the  person  obtaining  such  license  a  certificate,  made  by  the 
commissioner  or  such  other  officer  as  the  commissioner  may  desig- 
nate, setting  forth  that  the  person  named  therein  is  duly  authorized 
to  operate  motion-picture  apparatus  and  its  connections. 

5.  Posting  certificate. — The  certificate  shall  be  displayed  in  a  con- 
spicuous place  in  the  room  in  which  the  licensee  operates  a  motion- 
picture  apparatus  and  its  connections. 

6.  Discipline.— The  license  and  certificate  may  be   revoked  or 
suspended  at  any  time  by  the  commissioner,  in  his  discretion,  for 
cause. 

7.  Renewal  of  license. — Every  license,   unless   revoked  or   sus- 
pended, as  herein  provided,  may,  at  the  end  of  a  year  from  the 
date  of  issue  thereof,  be  renewed  by  the  commissioner  in  his  dis- 
cretion, upon  application  and  with  or  without  further  examina- 
tion as  he  may  direct,  but  every  application  for  renewal  of  license 
must  be  made  within  the  30  days  previous  to  the  expiration  of  such 
license. 

8.  Unlicensed  operators. — No  person,  not  licensed  as  provided  in 
this  section,  shall  be  employed  to  operate  or  be  permitted  to  operate 
any  motion-picture  apparatus,  or  any  connections  thereof,  in  any 
motion-picture  theatre,  open-air  motion-picture  theatre  or  other 
place  where  motion  pictures  are  exhibited,  to  which  the  public  is 
admitted,  with  or  without  charge  for  admission.     (Adapted  from 
§  529a.  Charter.) 

Granting  license  for  moving-picture  operator  is  not  judicial  act  reviewable  by 
certiorari. 

Matter  of  Whitten,  152  App.  Div.  506. 

§  44.  Violations. — Any  person  who  shall  violate,  or  refuse  or  neg- 
lect to  comply  with,  any  provision  of  this  article  shall  upon  con- 
viction thereof,  be  punished  by  a  fine  of  not  more  than  $100,  or  by 
imprisonment  not  exceeding  30  days,  or  by  both  such  fine  and  im- 
prisonment; and  any  such  person  shall,  also,  for  each  offense,  be 
subject  to  the  payment  of  a  penalty  in  the  sum  of  $50,  to  be  re- 
covered in  a  civil  action.  (C.  O.  §  379  slightly  changed.) 


4*  CODE    OF   ORDINANCES   OF   THE    CITY   OF   NEW   YORK 

ARTICLE  3 

COMMON   SHOWS 

Sec.  60.  Definition. 

§  61.  License  required,  fee. 

§  62.  Violations. 

t 

Sec.  60.  Definition. — A  common  show  shall  be  deemed  to  include  a 
carousel,  Ferris  wheel,  gravity  steeplechase,  chute,  scenic  cave, 
bicycle  carousel,  scenic  railway,  striking  machine,  switchback, 
rnerry-go-round,  puppet  show,  ball  game,  and  all  other  shows  of  like 
character,  but  not  to  include  games  of  baseball,  nor  to  authorize 
gambling  or  any  games  of  chance.  (C.  O.  §  352.) 

The  power  to  regulate  common  shows  is  found  in  section  51  of  the  charter. 
While  different  kinds  of  shows  are  enumerated  in  the  ordinance,  this  does  not  ex- 
clude other  shows  which  contain  the  same  general  elements  of  public  exhibition 
such  as  are  usually  conducted  on  the  stage  for  the  benefit  and  amusement  of  the 
public.  Mayor,  etc.,  of  N.  Y.  v.  Eden  Musee  American  Co.  (Ld.),  102  N.  Y.  593; 
Thurber  v.  Sharp,  13  Bar.  627;  Society  for  Reformation  of  Juvenile  Delinquents 
v.  Newbosch,  16  Week.  Dig.  349.  And  where  a  license  is  required  and  perform- 
ances are  successively  given  without  one,  injunction  lies.  Society  for  Reformation 
of  Juvenile  Delinquents  v.  Diers,  10  Abb.  Pr.,  N.  S.,  216.  Where  as  incidental  to 
selling  a  book  on  gambling,  an  exhibition  was  given,  held  not  to  require  a  license 
as  the  exhibition  was  not  the  main  object.  People  v.  Royal,  23  App.  Div.  258. 
Where  a  license  is  required,  and  the  Mayor  has  power  to  "grant  such  licenses,"  he 
cannot  refuse  to  do  so  arbitrarily.  Matter  of  O*Rourke,  9  Misc.  564.  Moving- 
picture  show  in  candy  store  is  a  common  show  requiring  a  license.  Weisblatt  v. 
Bingham,  58  Misc.  328.  When  license  may  be  suspended  and  revoked.  Fox 
Amusement  Co.  v.  McClcllan,  62  Misc.  100;  McKenzie  v.  McClellan,  62  Misc. 
342. 

Power  to  license  public  amusement  is  to  be  used  in  discretion  of  officer  and  is  not 
mandatory  upon  the  tender  of  fee  prescribed. 

People  ex  rel.  Worth  v.  Grant,  58  Hun,  455.  A  moving  picture  in  a  hotel  where 
no  fee  is  charged  is  not  a  common  show  requiring  license.  People  v.  Wacke,  77 
Misc.  196. 

§  61.  License  required,  fee. — No  person  shall  maintain  or  operate 
a  common  show  without  a  license  therefor,  granted  and  issued  by 
the  commissioner  of  licenses.  Such  licenses  shall  expire  on  the  15th 
day  of  March  next  succeeding  the  date  of  issuance  thereof,  unless 
sooner  suspended  or  revoked  by  the  commissioner.  The  fee  for  such 
license  shall  be  $25. 

Licenses,  for  common  shows,  now  in  force,  shall  expire  on  the  15th 
day  of  March,  1917.  Such  licenses  may  be  renewed  if  presented  on 
or  before  the  16th  day  of  March,  1917,  and  for  each  full  calendar 
month  of  the  unexpired  term  of  the  old  license,  a  pro  rata  amount  of 
the  fee  paid  therefor  shall  be  applied  toward  the  payment  of  the 
new  fee.  (Amend.  App.  Aug.  8,  1916.) 

§  62.  Violations.— Any  person  who  shall  violate,  or  refuse  or 
neglect  to  comply  with,  any  provision  of  this  article  shall,  upon  con- 
viction thereof,  be  punished  by  a  fine  of  not  more  than  $10,  or  by 
imprisonment  not  exceeding  10  days,  or,  by  both  such  fine  and  im- 
prisonment; and  any  such  person  shall,  also,  for  each  offense,  be 
subject  to  the  payment  of  a  penalty  in  the  sum  of  $10,  to  be  recovered 
in  a  civil  action.  (C.  O.  §  379.) 

Section  60  is  within  the  power  of  the  Board  of  Aldermen  although  it  defines 
Misdemeanor.  People  v.  Howell,  109  Misc.  510. 


BRIDGES  45 


CHAPTER  4 

Bridges 
Article  1.  General  provisions. 

ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  1.  Names  of  bridges. 

§  2.  Speed  of  vehicles  on  bridges. 

Sec.  1.  Names  of  bridges.— The  bridges  of  the  city  shall  hereafter 
be  known  as  follows: 

1.  .Across  the  East  river: 

a.  The  New  York  and  Brooklyn  bridge  shall  be  designated  as  the 
Brooklyn  Bridge; 

b.  The  new  East  river  bridge  shall  be  designated  as  the  Williams- 
burg  Bridge; 

c.  Bridge  No.  3,  crossing  the  East  river,  shall  be  designated  as  the 
Manhattan  Bridge; 

d.  Bridge  No.  4,  crossing  the  East  river,  shall  be  designated  as  the 
Queensboro  Bridge. 

2.  Across  the  Harlem  river: 

a.  The  bridge  connecting  First  avenue,  borough  of  Manhattan, 
and  Willis  avenue,  borough  of  The  Bronx,  shall  be  designated  as  the 
Willis  Avenue  Bridge; 

b.  The  bridge  on  the  line  of  Third  avenue,  shall  be  designated  as 
the  Third  Avenue  Bridge; 

c.  The  bridge  connecting  Madison  avenue,  in  the  borough  of 
Manhattan,  and  East  138th  street,  in  the  borough  of  The  Bronx, 
shall  be  designated  as  the  Madison  Avenue  Bridge; 

d.  The  bridge  connecting  West  145th  street,  in  the  borough  of 
Manhattan,  and  East  149th  street,  in  the  borough  of  The  Bronx, 
shall  be  designated  as  the  145th  Street  Bridge; 

e.  The  bridge  connecting  West  155th  street,  borough  of  Man- 
hattan, and  Jerome  avenue,  borough  of  The  Bronx,  shall  be  desig- 
nated as  the  Macomb's  Dam  Bridge; 

f .  The  bridge  connecting  West  181st  street,  borough  of  Manhattan, 
and  University  avenue,  borough  of  The  Bronx,  shall  be  designated 
as  the  Washington  Bridge; 

g.  The  bridge  connecting  West  207th  street,  borough  of  Man- 
hattan, and  West  Fordham  road,  borough  of  The  Bronx,  shall  be 
designated  as  the  University  Heights  Bridge; 

h.  The  bridge  on  the  line  of  Broadway  shall  be  designated  as  the 
Ship  Canal  Bridge. 

3.  Bridges  in  the  borough  of  The  Bronx: 

a.  The  bridge  over  Mott  Haven  canal,  on  the  line  of  East  135th 
street,  shall  be  designated  as  the  135th  Street  Bridge; 


4b  CODE   OF  ORDINANCES   OF  THE   CITY   OF   NEW   YORK 

b.  The  bridge  over  the  Bronx  river,  on  the  line  of  Westchester 
avenue,  shall  be  designated  as  the  Westchester  Avenue  Bridge; 

c.  The  bridge  over  Westchester  creek,  on  the  line  of  East  177th 
street,  shall  be  designated  as  the  Unionport  Bridge; 

d.  The  bridge  over  Eastchester  bay,  connecting  Eastern  boulevard 
and  Pelham  Bridge  road,  shall  be  designated  as  the  Pelham  Bridge; 

e.  The  bridge  over  Pelham  Bay  narrows,  connecting  City  Island 
road  and  City  Island  avenue,  shall  be  designated  as  the  City  Island 
Bridge; 

f.  The  bridge  over  Eastchester  creek,  on  the  line  of  Boston  road, 
shall  be  designated  as  the  Eastchester  Bridge. 

4.  Bridges  in  the  borough  of  Brooklyn: 

a.  The  bridge  over  Gowanus  canal,  on  the  line  of  Hamilton  ave- 
nue, shall  be  designated  as  the  Hamilton  Avenue  Bridge; 

b.  The  bridge  over  Gowanus  canal,  on  the  line  of  9th  street,  shall 
be  designated  as  the  9th  Street  Bridge; 

c.  The  bridge  over  Gowanus  canal,  on  the  line  of  3d  street,  shall 
be  designated  as  the  3d  Street  Bridge; 

d.  The  bridge  over  Gowanus  canal,  on  the  line  of  Carroll  street, 
shall  be  designated  as  the  Carroll  Street  Bridge; 

e.  The  bridge  over  Gowanus  canal,  on  the  line  of  Union  street, 
shall  be  designated  as  the  Union  Street  Bridge; 

f.  The  bridge  over  5th  Street  basin   (Gowanus  canal),  on  the 
line  of  Third  avenue,  shall  be  designated  as  the  Third  Avenu« 
Bridge; 

g.  The  bridge  over  Wallabout  canal,  on  the  line  of  Washington 
avenue,  shall  be  designated  as  the  Washington  Avenue  Bridge; 

h.  The  bridge  on  the  line  of  Metropolitan  avenue,  over  English 
kills,  shall  be  designated  as  the  Metropolitan  Avenue  Bridge; 

i.  The  bridge  over  the  Coney  Island  creek,  connecting  West  18th 
street  and  West  17th  street,  shall  be  designated  as  the  Harway 
Avenue  Bridge; 

j.  The  bridge  over  Sheepshead  bay,  on  the  line  of  Ocean  avenue, 
shall  be 'designated  as  the  Ocean  Avenue  Bridge; 

k.  The  bridge  over  the  Coney  Island  creek,  on  the  line  of  the  Shell 
road,  shall  be  designated  as  the  Shell  Road  Bridge. 

5.  Newtown  creek  bridges: 

a.  The  bridge  connecting  Manhattan  avenue,  borough  of  Brook- 
n,  and  Vernon  avenue,  borough  of  Queens,  shall  be  designated  as 
.e  Vernon  Avenue  Bridge. 

b.  The  bridge  on  the  line  of  Greenpoint  avenue  shall  be  designated 
as  the  Greenpoint  Avenue  Bridge; 

c.  The  bridge  connecting  Meeker  avenue,  borough  of  Brooklyn, 
and  Laurel  Hill  boulevard,  borough  of  Queens,  shall  be  designated  as 
the  Meeker  Avenue  Bridge;  • 

d.  The  bridge  on  the  line  of  Grand  street,  shall  be  designated  as 
the  Grand  Street  Bridge. 

6.  Bridges  in  the  borough  of  Queens: 

a.  The  bridge,  over  Dutch  Kills  creek,  on  the  line  of  Borden 
avenue,  shall  be  designated  as  the  Borden  Avenue  Bridge; 

b.  The  bridge  over  Dutch  Kills  creek,  on  the  line  of  Hunter's 
Point  avenue,  shall  be  designated  as  the  Hunter's  Point  Avenue 
Bridge; 


BRIDGES  47 

c.  The  bridge  over  Flushing  river,  on  the  line  of  Jackson  avenue, 
shall  be  designated  as  the  Flushing  Bridge; 

d.  The  bridge  over  Flushing  river,  on  the  line  of  Rodman  street, 
shall  be  designated  as  the  Strong's  Causeway  Bridge; 

e.  The  bridge  over  Alley  creek,  on  the  line  of  Jackson  avenue,  shall 
be  designated  as  the  Little  Neck  Bridge. 

7.  Bridges  in  the  borough  of  Richmond: 

a.  The  bridge  over  Lemon  creek,  on  the  line  of  Bayview  avenue, 
shall  be  designated  as  the  Lemon  Creek  Bridge; 

b.  The  bridge  over  Richmond  creek,  on  the  line  of  Bridge  avenue, 
shall  be  designated  as  the  Fresh  Kills  Bridge.     (Ord.  Jan.  4,  1915.) 

§  2.  Speed  of  vehicles  on  bridges. — No  person  shall  operate,  drive  or 
propel  any  vehicle,  and  no  owner  riding  thereon  or  therein  shall 
cause  or  permit  the  same  to  be  driven  or  propelled  upon  the  Brooklyn 
bridge  at  a  rate  of  speed  greater  than  8  miles  per  hour,  nor  upon  any 
other  public  bridge  in  the  city  at  a  rate  of  speed  greater  than  15  miles 
per  hour.  (Ord.  Jan.  4,  191?,) 


48  CODE   OF   ORDINANCES   OF  THE   CITY   OF   NEW   YORK 


CHAPTER  6 
Building  Code 

Article    1.  General  provisions. 

2.  Materials. 

3.  Working  stresses  and  loads. 

4.  Classification  of  buildings. 

5.  Restricted  areas. 

6.  Height,  size  and  arrangement. 

7.  Light  and  ventilation. 

8.  Exit  facilities. 

9.  Projections  beyond  building  line. 

10.  Safeguards  during  construction. 

11.  Partition  fences  and  walls. 

12.  Excavations  and  foundations. 

13.  Masonry  construction. 

14.  Wood  construction. 

15.  Iron  and  steel  construction. 

16.  Reinforced  concrete  construction. 

17.  Fireproof  construction. 

18.  Safeguards  against  the  spread  of  fire. 

19.  Chimneys,  and  heating  apparatus. 

20.  Roofing  and  roof  structures. 

21.  Miscellaneous  requirements. 

22.  Frame  buildings. 

23.  Buildings  of  a  public  character. 

24.  Motion-picture  theatres. 

25.  Theatres  and  other  places  of  amusement. 
26. 

27.  Elevators. 

28.  Fire  extinguishing  appliances. 

29.  Plumbing  and  other  systems  of  piping. 
30. 

31.  Unsafe  buildings  and  collapsed  structures. 

32.  Enforcement  of  chapter. 

The  following  embodies  the  Building  Code  approved  by  the  Mayor  on  Oct.  24, 
1899,  as  amended.  The  power  to  enact  a  Building  Code  is  vested  in  the  municipal 
authorities  by  section  647  of  the  Greater  New  York  Charter.  (L.  1897,  ch.  378.) 
The  commission  of  experts  which  was  authorized  to  prepare  the  Code  took  as  the 
basis  for  the  work  the  Laws  of  1882,  chapter  410,  which  codified  the  law  under  the 
former  City  of  New  York;  the  Laws  of  1888,  chapter  583,  which  codified  the  build- 
ing laws  of  the  former  City  of  Brooklyn,  and  the  Laws  of  1894,  chapter  481.  The 
revised  Charter,  L.  1901,  ch.  466,  sec.  43,  explicitly  confers  ample  general  powers 
on  the  Board  of  Aldermen  to  "make,  establish,  alter,  modify,  amend  and  repeal  all 
ordinances,  rules  and  .  .  .  building  regulations,"  etc.,  and  section  407  ex- 
pressly continues  in  force  the  Building  Code  in  force  on  January  1,  1902.  Many  of 
the  old  laws  are  now  superseded  by  the  Tenement  House  Act. 

The  Building  Code  in  force  May  1,  1904,  made  a  chapter  of  the  City  Ordinances 
by  L.  1904,  ch.  682,  sec.  2.  It  can  be  amended  by  the  Board  of  Aldermen  under 
sec.  407,  L.  1901,  ch.  466.  Such  ordinances  so  passed  have  same  effect  as  an  act  of 
the  Legislature.  City  of  N.  Y.  v.  Trustees  Sailors'  Snug  Harbor,  85  App.  Div.  355; 
Post  v.  Kerwin,  133  App.  Div.  404;  City  N.  Y.  v.  Foster,  147  App.  Div.  258, 
sff'd  205  N.  Y.  593;  Racine  v.  Morris,  136  App.  Div.  467,  aff'd  201  N.  Y.  240. 

Board  of  Aldermen  has  exclusive  power  to  adopt  Building  Code.    McGuiness  v« 


BUILDING   CODE  49 

Allison  Realty  Co.,  46  Misc.  8.  The  order  of  a  board  or  official  of  Fire  Dept.  may 
be  examined  as  to  its  reasonableness.  Fire  Dept.  v.  Gilmqurr,  149  N.  Y.  453, 
The  sections  of  the  Building  Code  are  merely  ordinances  which  will  be  construed 
and  enforced  in  the  same  general  principles  as  the  general  ordinances  and  Sanitary 
Code.  For  some  decisions  of  general  application  see  notes  after  article  32. 

'ARTICLE  1 

GENERAL   PROVISIONS 

Sec.  1.  Scope. 
§  2.  Definitions. 
§  3.  Application  for  permits. 
§  4.  Permits. 

§  5.  Certificate  of  occupancy. 
"  6.  Modifications. 

7.  Rules. 

8.  Approved  materials,  appliances  and  methods  of  construction. 

9.  Seal  of  building  bureau. 

10.  Right  of  entry  of  officers  and  employees. 

Section  1 .  Scope.  1 .  Short  title.— This  chapter  shall  be  known  and 
cited  as  the  Building  Code. 

2.  Matter  covered. — All  matters  concerning,  affecting  or  relating 
to  the  construction,  alteration  or  removal  of  buildings  or  structures, 
erected  or  to  be  erected  in  the  city  are  presumptively  provided  for 
in  this  chapter,  except  in  so  far  as  such  provisions  are  contained  in 
the  Charter,  the  Tenement  House  Law,  the  Labor  Law,  or  the  rules 
promulgated  in  accordance  with  the  provisions  of  this  chapter  by  the 
superintendents  of  buildings  of  the  several  boroughs. 

This  section  must  be  complied  with,  even  where  a  building  is  being  erected  for 
the  State.  City  of  N.  Y.  y.  Burleson  Hardware  Co.,  89  App.  Div.  222.  Jurisdiction 
of  Fire  Dept.  over  buildings  erected  on  docks  and  piers,  upheld  as  to  enforcing 
Building  Laws.  N.  Y.  Fire  Dept.  v.  Atlas  S.  S.  Co.,  106  N.  Y.  566. 

3.  Chapter  remedial. — This  chapter  is  hereby  declared  to  be  reme- 
dial, and  shall  be  construed  liberally,  to  secure  the  beneficial  inter- 
ests and  purposes  thereof. 

4.  All  new  work  to  conform. — No  wall,  structure,  building  or  part 
thereof  shall  hereafter  be  constructed,  nor  shall  the  plumbing  nor 
drainage,  or  other  equipment,  of  any  building,  structure  or  premises, 
so  far  as  provided  for  in  this  chapter,  be  constructed  or  altered  in  the 
city,  except  in  conformity  with  the  provisions  of  this  chapter.     No 
building  already  erected,  or  hereafter  to  be  built  in  said  city,  shall  be 
altered  in  any  manner  that  would  be  in  violation  of  any  of  the  provi- 
sions of  this  chapter,  or  any  rule  or  approval  of  the  superintendent  of 
buildings  made  and  issued  thereunder;  but  nothing  in  this  chapter 
shall  prohibit  the  raising  or  lowering  of  any  building  to  meet  a  change 
of  grade  in  the  street  on  which  it  is  located,  provided  that  the  build- 
ing is  not  otherwise  altered. 

5.  Undeveloped  localities. — In  such  parts  of  the  city  outside  the 
fire  limits  and  suburban  limits,  in  which  a  system  of  streets  has  not 
been  established  only  so  much  of  the  requirements  of  this  chapter 
shall  apply  as  in  the  judgment  of  the  superintendent  of  buildings 
may  be  necessary  for  safety  of  life  and  health;  but  this  shall  not  be 
construed  to  permit  the  erection  of  any  building  to  exceed  in  height 
or  area  the  limits  fixed  by  this  chapter  for  such  buildings, 


50  CODE   OF  ORDINANCES   OP  THE   CITY   OF  NEW   YORK 

6.  Buildings  affected. — All  provisions  of  this  chapter  shall  apply 
with  equal  force  to  municipal  buildings  as  they  do  to  private  build- 
ings, except  as  may  be  specifically  provided  for  by  law. 

§  2.  Definitions. — Unless  otherwise  expressly  stated,  the  follow- 
ing terms  shall,  for  the  purposes  of  this  chapter,  have  the  meanings 
herein  indicated. 

a.  Words  used  in  the  present  tense  include  the  future;  words  in. 
the  masculine  gender  include  the  feminine  and  neuter;  the  singular 
number  includes  the  plural  and  the  plural  the  singular;  the  word 
"person"  includes  a  corporation  as  well  as  an  individual;  "writing" 
includes  printing,  and  printed  or  typewritten  matter;  "oath"  in- 
cludes affirmation;  "signature"  or  "subscription"  includes  "mark," 
when  the  person  cannot  write,  his  name  being  written  near  it. 

b.  The  term  "occupied"  as  applied  to  any  building,  shall  be  con- 
strued as  though  followed  by  the  words  "or  intended,  arranged  or 
designed  to  be  occupied." 

c.  The  term  "approved"  as  applied  to  any  material,  device  or 
mode  of  construction,  means  approved  by  the  superintendent  of 
buildings  under  the  provisions  of  this  chapter,  or  by  any  other 
authority  designated  by  law  to  give  approval  in  the  matter  in  ques- 
tion. 

d.  The  term  "owner"  includes  his  duly  authorized  agent  or  at- 
torney, a  purchaser,  devisee,  and  any  person  entitled  to  an  inter- 
est in  the  property  in  question. 

e.  An  alteration,  as  applied  to  a  building  or  structure,  is  any 
change  or  rearrangement  in  the  structural  parts  or  in  the  exit  facil- 
ities, or  any  enlargement,  whether  by  extending  on  any  side  or  by 
increasing  in  height,  or  the  moving  from  one  location  or  position  to 
another. 

f.  The  term  "curb"  when  used  in  denning  the  height  of  a  building 
means  the  mean  curb  level  at  that  front  of  the  building  which  faces 
on  the  street  of  greatest  width,  or,  if  the  greatest  width  occurs  on 
more  than  one  of  the  streets  on  which  the  building  faces,  the  mean 
curb  level  at  that  point  of  the  building  which  faces  on  the  street  of 
greatest  width  and  having  the  highest  curb. 

The  term  "curb"  when  used  in  fixing  the  depth  of  an  excavation, 
means  the  curb  level  at  that  point  of  the  curb  which  is  nearest  to  the 
point  of  the  excavation  in  question. 

g.  The  term  "height"  as  applied  to  a  building  or  structure  means 
the  vertical  distance,  measured  in  a  straight  line  from  the  curb  level, 
or  if  the  grade  of  the  street  has  not  been  legally  established  or  the 
building  does  not  adjoin  the  street,  from  the  average  level  of  all  the 
ground  adjoining  such  building,  to  the  highest  point  of  the  roof 
beams  in  the  case  of  flat  roofs,  and  to  the  average  height  of  the  gable 
in  the  case  of  roofs  having  a  pitch  of  more  than  20  degrees  with  a 
horizontal  plane. 

h.  A  story  is  that  part  of  any  building  comprised  between  any 
floor  and  the  floor  or  roof  next  above. 

i.  A  tenement  house  is  a  building  as  defined  in  the  Tenement 
House  Law. 

Apartment  house  distinguished.  Grimmer  v.  Tenement  House  Dept.,  204  N.  Y. 
370. 

j.  The   terms   "garage,"    "storage   garage,"    "non-storage    garage," 


BUILDING  CODE  51 

"motor  vehicle  repair  shop"  and  "oil  selling  station"  shall  have  the 
meanings  indicated  in  chapter  10  of  the  Code  of  Ordinances. 

§  3.  Application  for  permits.  1.  For  construction  or  alteration. — 
Before  the  construction  or  alteration  of  any  building,  wall  or  struc- 
ture, or  any  part  of  either,  or  of  any  platform,  staging  or  flooring 
to  be  used  for  standing  or  seating  purposes,  and  before  the  construc- 
tion or  alteration  of  the  plumbing  or  drainage  of  any  building,  struc- 
ture or  premises  is  commenced,  the  owner  or  lessee,  or  agent  of  either, 
or  the  architect  or  builder  employed  by  such  owner  or  lessee  in  con- 
nection with  the  proposed  construction  or  alteration,  shall  submit  to 
the  superintendent  of  buildings  a  detailed  statement  in  triplicate  of 
the  specifications,  on  appropriate  blanks  to  be  furnished  to  applicants 
by  the  bureau  of  buildings,  and  such  plans  and  structural  detail 
drawings  of  the  proposed  work  as  the  superintendent  of  buildings 
may  require.  Such  statement,  constituting  an  application  for  a 
permit  to  construct  or  alter,  shall  be  accompanied  by  a  further 
statement  in  writing,  sworn  to  before  a  notary  public  or  commissioner 
of  deeds,  giving  the  full  name  and  residence  of  each  of  the  owners  of 
said  building,  or  proposed  building,  structure  or  proposed  structure, 
premises,  wall,  platform,  staging  or  flooring,  and  by  a  diagram  of  the 
lot  or  plot  on  which  such  construction  or  alteration  is  to  be  made, 
showing  the  exact  location  of  any  proposed  new  construction  and  all 
existing  buildings  or  structures  that  are  to  remain. 

2.  Authorization  of  owner. — If  the  construction,  alteration  or  plumb- 
ing or  drainage  or  the  alteration  thereof,  is  to  be  made  or  executed 
by  any  other  person  than  the  owner  of  the  land  in  fee,  the  person  in- 
tending to  make  such  construction  or  alteration,  or  to  construct 
such  plumbing  or  drainage,  shall,  either  as  owner,  lessee,  or  in  any 
representative  capacity,  accompany  the  application  to  build  or  alter 
with  a  statement  in  writing,  sworn  to  as  a  aforesaid,  giving  the  full 
name  and  residence  of  each  of  the  owners  of  the  land,  building,  or 
proposed  building,  structure  or  proposed  structure,  premises,  wall, 
platform,  staging  or  flooring,  and  reciting  that  he  is  duly  authorized 
to  perform  said  work.    Such  statement  may  be  made  by  the  agent  or 
architect  of  the  person  hereinbefore  required  to  make  the  same. 

3.  Notice  to  demolish. — Before  any  existing  building  or  part  of  an 
existing  building  is  demolished,  a  statement  in  writing  on  appropri- 
ate blanks  to  be  furnished  by  the  bureau  of  buildings,  constituting 
a  notice  to  demolish,  shall  be  submitted  to  the  superintendent  of 
buildings  by  the  owner  or  any  person  authorized  by  the  owner,  giving 
the  full  name  and  residence  of  each  of  the  owners  of  the  building  to 
be  demolished,  the  name  and  business  address  of  the  person  who  is  to 
do  the  work  and  such  other  information  respecting  the  building  as  the 
superintendent  of  buildings  may  require.     Such  notice  shall  be 
submitted  not  less  than  48  hours  before  the  work  of  demolition  is 
commenced. 

4.  Place  of  filing. — All  applications,  notices  and  sworn  statements 
required  by  this  section,  and  copies  of  the  approved  plans  shall  be 
kept  on  file  in  the  office  of  the  superintendent  of  buildings.    Applica- 
tions shall  be  promptly  docketed  as  received.    For  purposes  of  iden- 
tification and  reference  all  such  papers  shall  be  marked  with  the 
block  and  lot  number  of  the  property  to  which  they  apply,  and  with 
the  street  and  house  number  when  possible. 


52  CODE   OF   ORDINANCES   OF  THE   CITY   OF  NEW  YORK 

5.  Amendments. — Nothing  in  this  chapter  shall  prohibit  the  filing 
of  amendments  to  any  application  at  any  time  before  the  comple- 
tion of  the  work  for  which  permit  was  sought,  and  such  amendments, 
after  approval,  shall  be  made  part  of  the  application  and  filed  as 
such. 

6.  Ordinary  repairs  excepted. — Ordinary  repairs  to  buildings  or 
structures,  or  to  the  plumbing  and  drainage  thereof,  may  be  made 
without  notice  to  the  superintendent  of  buildings,  but  such  repairs 
shall  not  be  construed  to  include  the  cutting  away  of  any  wall  or 
any  portion  thereof,  the  removal  or  cutting  of  any  beams  or  supports, 
or  the  removal,  change  or  closing  of  any  stairway  or  required  means 
of  exit,  or  the  alteration  of  any  house  sewer,  private  sewer  or  drain- 
age system,  or  the  construction  of  any  soil  or  waste  pipe. 

§4.  Permits.  1.  Approval  of  applications. — It  shall  be  unlawful  to 
construct  or  alter  any  building,  structure,  wall,  platform,  staging 
or  flooring,  or  any  part  thereof,  or  any  plumbing  and  drainage,  until 
the  application  and  plans  required  by  §  3  of  this  article  shall  have 
been  approved  by  the  superintendent  of  buildings,  and  a  written 
permit  issued  by  him.  The  superintendent  of  buildings  shall  ap- 
prove or  reject  any  application  or  plan,  or  amendment  thereto,  filed 
with  him  pursuant  to  the  provisions  of  this  article  within  a  reason- 
able time  and,  if  approved,  shall  promptly  issue  a  permit  therefor. 

2.  Approval  in  part. — Nothing  in  this  section  shall  be  construed 
to  prevent  the  superintendent  of  buildings  from  approving  and  issu- 
ing a  permit  for  the  construction  of  part  of  a  building  or  structure, 
when  plans  and  detailed  statements  have  been  presented  for  the 
same,  before  the  entire  plans  and  detailed  statements  of  said  build- 
ing or  structure  have  been  submitted  or  approved. 

3.  Signature  to  permit. — Every  permit  issued  by  the  superintendent 
of  buildings  under  the  provisions  of  this  chapter  shall  have  his 
signature  affixed  thereto,  but  this  shall  not  prevent  the  superin- 
tendent f^om  authorizing  any  subordinate  to  affix  such  signature. 

4.  Limitations. — Any    permit   issued   by   the   superintendent   of 
buildings  under  the  provisions  of  this  article,  but  under  which  no 
work  is  commenced  within  one  year  from  the  time  of  issuance;  shall 
expire  by  limitation. 

5.  Compliance  with  plans. — The  construction  or  alteration  of  any 
building,  structure,  platform,  staging  or  flooring,  or  of  any  plumbing 
or  drainage,  shall  be  in  accordance  with  the  approved  detailed  state- 
ment of  specifications  and  plans,  for  which  the  permit  was  issued, 
or  any  approved  amendment  thereof.    The  superintendent  may  re- 
quire a  certified  copy  of  the  approved  plans  to  be  kept  at  all  times  on 
the  premises  from  the  commencement  of  the  work  to  the  completion 
thereof. 

6.  Adherence  to  diagram. — The  location  of  any  new  building  or 
structure,  or  of  any  extension  to  an  existing  building  or  structure, 
shown  on  the  diagram  filed  as  required  by  §  3  of  this  article,  or  on 
any  approved  amendment  thereof,   shall  be  strictly  adhered  to. 
It  shall  be  unlawful  to  reduce  or  diminish  the  area  of  any  lot  or  plot, 
a  diagram  of  which  has  been  filed  with  an  application  to  construct 
or  alter  and  has  been  used  as  the  basis  for  a  permit,  unless  the  build- 
ing or  structure  for  which  the  permit  was  issued  complies  in  all  re- 
spects with  the  requirements  of  this  chapter  for  buildings  or  struc* 


BUILDING  CODE  53 

tures  located  on  plots  of  such  diminished  area,  provided,  however, 
that  this  shall  not  apply  to  any  case  in  which  the  lot  area  is  reduced 
by  reason  of  any  street  opening  or  widening  or  other  public  improve- 
ment. 

7.  Revocation. — The  superintendent  of  buildings  may  revoke  any 
permit  or  approval  issued  under  the  provisions  of  this  article,  in  the 
case  of  any  false  statement,  or  any  misrepresentation  as  to  a  material 
fact  in  the  application  on  which  the  permit  or  approval  was  based. 

§  5.  Certificate  of  occupancy.  1.  New  buildings. — No  building  here- 
after erected  shall  be  occupied  or  used,  in  whole  or  in  part,  for  any 
purpose  whatever  until  a  certificate  of  occupancy  shall  have  been  is- 
sued by  the  superintendent  of  buildings  certifying  that  such  building 
conforms  substantially  to  the  approved  plans  and  specifications  and  the 
requirements  of  this  chapter  applying  to  buildings  of  its  class  and 
kind. 

2.  Buildings  hereafter  altered. — No  building  hereafter  altered,  which 
was  vacant  during  the  progress  of  the  work  of  alteration,  shall  be  oc- 
cupied or  used,  in  whole  or  in  part,  for  any  purpose  whatever,  until  a 
certificate  of  occupancy  shall  have  been  issued  by  the  superintendent 
of  buildings  certifying  that  the  work  for  which  the  permit  was  issued 
has   been   completed   substantially   in   accordance   with   the   approved 
plans  and  specifications  and  the  provisions  of  this  chapter  applying  to 
such  an  alteration;  and  when  the  occupancy  or  use  of  a  building  has 
continued  during  the  work  of  alteration,  the  occupancy  or  use  of  the 
building  shall  not  continue  for  more  than  30  days  after  completion  of 
the  alteration  unless  such  certificate  shall  have  been  issued. 

3.  Existing   buildings. — Nothing    in    this   section    shall    prevent    the 
continuance  of  the  present  occupancy  and   use  of  any  now  existing 
building,  except  as  may  be  specifically  prescribed  by  this  chapter  or 
as  may  be  necessary  for  the  safety  of  life  or  property.     Upon  written 
request  from  the  owner,  the  superintendent  of  buildings    shall    issue 
a  certificate  of  occupancy  for  any  now  existing  building,   certifying, 
after  verification  by  inspection,  the  occupancy  or  use  of  such  build- 
ing, provided  that  at  the  time  of  issuing  such  certificate  there  are  no 
notices  of  violation,  or  other  notices  or  orders  pending  in  the  bureau 
of  buildings. 

4.  Change  of  occupancy. — No  change  of  occupancy  or  use  shall   be 
made  in  any  building  or  part  thereof,  hereafter  erected  or  altered,  that 
is  not  consistent  with  the  last  issued  certificate  of  occupancy  for  such 
building.    In  case  of  any  now  existing  building,  no  change  of  occupancy 
that  would  bring  it  under  some  special  provision  of  this  chapter,  shall 
be  made,  unless  a  certificate  is  issued  by  the  superintendent  of  build- 
ings certifying  that  such  building  conforms  to  the  provisions  of  this 
chapter  with  respect  to  buildings  hereafter  altered  for  the  proposed  new 
occupancy  and  use. 

Nothing  in  this  section  shall  prevent  the  issuance  by  the  superin- 
tendent of  buildings  of  a  certificate  of  occupancy  for  the  reception  of 
persons  for  medical  or  charitable  care  or  treatment,  for  any  now  existing 
building  erected  of  non-fireproof  construction  as  defined  by  subdivision 
3  of  section  71  of  article  4  of  this  chapter,  not  exceeding  40  feet  in  height 
or  5,000  square  feet  in  area,  and  enclosed  on  at  least  three  sides  by  an 
open  court  as  defined  by  section  135  of  article  7  of  this  chapter,  such 
court  to  be  not  less  than  10  feet  in  width  at  all  points,  and  provided  that 
all  interior  stairways  and  all  vertical  shafts  are  enclosed  in  partitions 
of  fireproof  or  fire  resisting  material,  that  all  openings  in  such  partitions 
are  protected  by  self-closing  fire  doors  or  fire  windows,  and  that  proper 
exit  facilities  be  provided  and  that  boiler  room,  kitchen  and  bakery 
bo  separate  and  apart  from  the  building  proper  and  be  constructed  of 
fireproof  materials. 

Adopted  April  2,  1918.    Approved  April  12,  1918. 


54  CODE  OP  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 

5.  Temporary   occupancy. — Upon   request   of   the   owner   or   his   au- 
thorized  representative,    the   superintendent    of   buildings    shall    issue 
a  temporary  certificate  of  occupancy  for  part  of  a  building,  provided 
that  such  temporary  occupancy  or  use  would  not  in  any  way  jeopardize 
life  or  property. 

6.  Contents  of  certificate. — In  addition  to  the  certification  when  re- 
quired by  this  section,  as  to  compliance  with  approved  plans  and  speci- 
fications, and  provisions  of  this  chapter,  all  certificates  of  occupancy 
shall  state  the  purposes  for  which  the  building  may  be  used  in  its  several 
parts,  the  maximum  permissible  live  loads  on  the  several  floors,  the 
number  of  persons  that  .may  be  accommodated  in  the  several  stories, 
in  case  such  number  is  limited  by  any  provision  of  this  chapter  or  the 
approved  specifications,   and  all  special  stipulations  of  the  permit,  if 
any. 

7.  ^Issuance   and  filing. — Certificates   of   occupancy   shall    be   issued 
within  10  days  after  written  application  therefor,  if  said  building  at 
the  date  of  such  application  shall  be  entitled  thereto.     A  record  of  all 
certificates  shall  be  kept  in  the  bureau  of  buildings  and  copies  shall  be 
furnished,  on  request,  to  any  person  having  a  proprietary  interest  in 
the  building  affected. 

§  6.  Modifications. — In  exercising  his  powers  to  vary  the  provisions 
of  this  chapter,  or  any  rule  authorized  thereunder,  the  superintendent 
of  buildings  shall  proceed  in  accordance  with  the  provisions  of  the 
Greater  New  York  Charter  establishing  that  power.  A  record  of  all 
modifications  shall  be  kept  in  the  bureau  of  buildings,  properly  indexed 
and  open  to  public  inspection  during  business  hours.  All  modifica- 
tions, including  the  applicant's  petition  for  same  and  the  superintend- 
ent's reasons  for  granting,  shall  be  published  in  full  in  the  CITY  RECORD 
within  2  weeks  after  the  superintendent's  action,  and  may  be  cited  as 
precedents. 

§  7.  Rules.  1.  Authority  to  adopt  rules. — The  superintendent  of 
buildings  shall  have  power  to  adopt  such  rules  with  respect  to  the  ma- 
terials and  mode  of  construction,  consistent  with  the  provisions  of 
this  chapter,  as  may  be  necessary  to  secure  the  intent  and  purposes  of 
this  chapter  and  a  proper  enforcement  of  its  provisions.  For  any  pro- 
visions of  this  chapter  referring  to  the  rules  of  requiring  approval  of 
materials  or  modes  of  construction,  such  superintendent  shall  adopt, 
when  this  section  becomes  effective  or  as  the  necessity  may  arise,  such 
rules  as  are  required  or  will  establish  the  conditions  of  approval.  So 
far  as  practicable  such  rules  shall  be  uniform  in  all  the  boroughs. 

2.  Procedure. — No  rule  adopted  by  the  superintendent  of  buildings 
shall  become  effective  until  it  shall  have  been  published  in  the  CITY 
RECORD  on  eight  successive  Mondays,  and  until  a  public  hearing  on 
the  same  shall  have  been  held,   provided,   however,  that  said  public 
hearing  shall  not  be  necessary  for  the  purposes  of  this  chapter  unless 
a  request  shall  have  been  made  for  such  hearing  during  the  said  period 
of  publication.     Any  rule  adopted  and  promulgated  as  herein  provided 
shall  have  the  same  force  and  effect  as  any  provision  of  this  chapter. 
All  rules  heretofore  legally  promulgated  and  in  force  at  the  time  when 
this  section  becomes  effective  shall  continue  in  force,   provided  they 
are  not  inconsistent  with  any  provision  of  this  chapter. 

3.  Amendment   and   repeal. — The   superintendent   of   buildings   may 
amend  or  repeal  any  rule  by  the  same  procedure  prescribed  for  the 
adoption  of  new  rules. 

§  8.  Approved  materials,  appliances  and  methods  of  construction. — 
Whenever  any  materials,  appliances  or  methods  of  construction  have 
been  approved  by  the  superintendent  of  buildings  as  conforming  to 
tests  prescribed  by  this  chapter,  or  to  any  rules  adopted  thereunder, 
a  notice  to  that  effect  shall  be  published  in  the  CITY  RECORD,  including 


BUILDING  CODE  56 

information  as  to  the  conditions  under  which  said  materials,  appli- 
ances or  methods  of  construction  were  tested  and  approved.  A  list 
of  such  materials,  appliances  and  methods  of  construction  shall  be  kept 
on  file  in  the  bureau  of  buildings,  properly  indexed  and  open  to  public 
inspection  during  business  hours. 

§  9.  Seal  of  building  bureau. — Each  superintendent  of  buildings  may 
adopt  a  seal  and  direct  its  use  in  his  bureau. 

§  10.  Right  of  entry  of  officers  and  employees. — Any  officer  or  em- 
ployee of  the  bureau  of  buildings,  so  far  as  it  may  be  necessary  for  the 
performance  of  his  duties,  shall  have  the  right  to  enter  any  building 
or  premises  in  said  city  upon  showing  his  badge  of  office.  (Amended  by 
ord.  effective  Dec.  28,  1915.) 


ARTICLE  2 

MATERIALS 

(As  amended  by  ord.  effective  May  1,  W16) 

Sec.  20.  Quality  of  materials. 

21.  Weights  of  materials. 

22.  Tests. 

23.  Brick. 

24.  Sand. 

25.  Lime. 

26.  Cement. 

27.  Mortar. 

28.  Concrete. 

29.  Hollow  building  blocks. 

30.  Iron  and  steel. 

31.  Timber. 

Sec.  20.  Quality  of  materials— All  building  materials  shall  be  of 
a  quality  to  meet  the  intent  of  this  chapter,  and  shall  conform  to 
such  specifications,  consistent  with  the  requirements  of  this  chapter, 
as  may  be  promulgated  by  the  superintendents  of  buildings. 

§21.  Weights  of  materials. — The  weights  of  various  materials  in 
pounds  per  cubic  foot  shall  be  assumed  to  be  as  follows: 

Brickwork 120 

Concrete,  cinder,  used  for  floor  arches  or  slabs 108 

Concrete,  cinder,  used  for  filling  over  fireproof  floors 60 

Concrete,  stone 144 

Granite,  bluestone  and  marble 168 

Limestone 156 

Sandstone ,  .   144 

Oak  and  longleaf  yellow  pine 48 

Spruce,  fir,  hemlock,  white  pine  and  shortleaf  yellow  pine 30 

§  22.  Tests.  1.  When  required.— New  structural  material,  or  struc- 
tural material  not  otherwise  provided  for  in  this  chapter  shall 


subjected  to  such  tests  to  determine  its  character  and  quality, 
the  superintendent  of  buildings  shall  direct.     Appliances  and 
devices  required  by  any  of  the  provisions  of  this  chapter  and  new 


56  CODE    OF   ORDINANCES   OF   THE    CITY    OF   NEW    YORK 

methods  of  construction  shall  be  subjected  to  such  tests  to  deter- 
mine their  efficiency,  as  the  superintendent  of  buildings  may  direct. 
Such  tests  as  may  be  required  under  this  section  shall  be  described 
in  rules  promulgated  by  the  superintendent  of  buildings. 

2.  Tests  of  materials. — All  tests  shall  be  conducted  under  the 
supervision  of  the  superintendent  of  buildings,  or  his  authorized 
representative.     Laboratory  tests  shall  be  conducted  at  a  testing 
laboratory  of  recognized  standing.     A  superintendent  of  buildings 
conducting  a  test  under  the  provisions  of  this  section  shall  notify 
the  superintendents  of  buildings  of  the  other  boroughs  at  least  three 
days  in  advance  of  such  test. 

3.  Approval. — Any  material,  appliance,  or  method  of  construc- 
tion meeting  the  requirements  of  this  chapter  or  the  specifications 
authorized  thereunder  shall  be  approved  within  a  reasonable  time 
after  the  completion  of  the  tests.    All  such  approvals  and  the  condi- 
tions under  which  they  are  issued  shall  be  published  in  the  CITY 
RECORD  within  a  month  after  issuance,  and  a  complete  list  of  all 
such  approvals  issued  during  the  year  shall  be  included  in  the  annual 
report  of  the  superintendent  of  buildings.     The  superintendent  of 
buildings  may  prohibit  the  use  of  any  materials  or  appliance  failing 
to  conform  to  the  requirements  of  this  chapter  or  to  the  rules  adopted 
thereunder. 

4.  Conditions  attaching  to  approvals. — Materials,   appliances  or 
methods  of  construction  which  have  been  tested  and  approved  shall 
be  used  and  installed  in  accordance  with  the  terms  of  the  approval. 
So  far  as  practicable  all  materials  and  appliances  for  which  approvals 
have  been  issued  shall  have  a  distinctive  brand  mark  for  identifica- 
tion impressed  on  or  otherwise  attached  to  them.    It  shall  be  un- 
lawful to  use  any  such  brand  mark  on  any  other  material  or  ap- 
pliance than  that  for  which  the  approval  was  issued. 

5.  Additional  tests. — The  superintendent  of  buildings  may  re- 
quire any  tests  to  be  repeated  if  there  is  any  reason  to  believe  that 
the  material  or  appliance  is  no  longer  up  to  the  specifications  on 
which  the  approval  was  based. 

§  23.  Brick. — The  brick  used  in  the  construction  of  buildings  shall 
be  sound,  well  burnt  brick.  When  old  brick  are  used  in  any  wall 
they  shall  be  thoroughly  cleaned  before  being  used,  and  shall  be 
whole  and  good,  hard,  well  burnt  brick. 

§  24.  Sand. — The  sand  used  for  building  construction  shall  be 
clean,  sharp,  coarse  and  silicious. 

§  25.  Lime. — Quick  lime  and  hydrated  lime  shall  conform  to  such 
specifications  as  may  be  promulgated  by  the  superintendent  of 
buildings,  or,  in  the  absence  of  such  specifications,  with  the  standard 
specifications  of  the  American  Society  for  Testing  Materials. 

§  26.  Cement. — Portland  and  natural  cements  shall  conform  to 
such  specifications  as  may  be  promulgated  by  the  superintendent 
of  buildings  in  accordance  with  the  provisions  of  this  chapter,  or, 
in  the  absence  of  such  specifications,  with  the  standard  specifications 
of  the  American  Society  for  Testing  Materials. 

§27.  Mortar.  1.  Cement. — Cement  mortar  shall  be  made  of  ce-. 
ment  and  sand  in  the  proportion  of  1  part  of  cement  and  not  more 
than  3  parts  of  sand  by  volume,  or,  in  the  case  of  bag  mortars  pre- 
pared under  rules  promulgated  by  the  superintendent  of  buildings, 


BUILDING   CODE  57 

in  such  proportion  that  the  tensile  strength  per  square  inch  at  the 
age  of  28  days  shall  be  not  less  than  250  pounds  when  Portland  ce- 
ment is  used,  and  125  pounds  when  natural  cement  is  used.  Cement 
mortar  shall  be  thoroughly  mixed  and  shall  be  used  immediately 
after  the  addition  of  water.  Not  more  than  15  per  cent  of  the  ce- 
ment by  volume  may  be  replaced  by  an  equal  volume  of  lime. 

2.  Cement  and  lime. — Cement-lime  mortar  shall  be  made  of  1 
part  of  lime,  1  part  of  cement  and  not  more  than  3  parts  of  sand  to 
each  by  volume. 

3.  Lime. — Except  as  may  be  otherwise  provided,  lime  mortar  shall 
be  made  of  1  part  of  slacked  lime,  lime  putty  or  dry  hydrated  lime, 
and  not  more  than  4  parts  of  sand  by  volume. 

§  28.  Concrete.  1.  Mixture. — Except  as  may  be  otherwise  pro- 
vided in  this  chapter,  concrete  shall  be  made  of  1  part  of  cement, 
and  not  more  than  2^  parts  of  sand  and  5  parts  of  coarse  aggregate. 

2.  Aggregate. — The  coarse  aggregate  shall  be  granite,  trap  rock, 
gravel  or  other  hard,  durable  material  that  may  be  approved  by  a 
rule  of  the  superintendent  of  buildings.    When  gravel  is  used  it  shall 
be  thoroughly  washed.     Where  mass  concrete  is  used,  the  coarse 
aggregates  shall  be  of  such  size  as  will  pass  through  a  two-inch  ring. 
All  aggregates  shall  be  free  from  dust  or  other  deleterious  material. 

3.  Consistency. — All  concrete  shall  be  a  wet  mixture,  and  shall  be 
placed  in  forms  immediately  after  mixing,  and  well  tamped.     No 
concrete  shall  be  used  after  initial  set  has  begun. 

4.  Forms. — All  forms  and  centering  shall  be  built  in  a  substantial 
manner,  and  with  joints  sufficiently  tight  to  prevent  leakage  of  the 
cement.    They  shall  be  properly  supported  and  braced  as  to  safely 
sustain  all  the  load  that  may  be  placed  upon  them  during  construc- 
tion. 

5.  Joints  in  concrete. — Joints  formed  between  portions  of  concrete 
placed  at  different  times  shall  be  made  in  a  manner  not  to  injure  the 
completed  structure.     Before  fresh  concrete  is  joined  to  concret? 
which  has  set  or  partially  set,  the  surface  of  the  old  concrete  shall  be 
roughened,  cleaned  and  thoroughly  wet. 

6.  Precautions  against  freezing . — No  materials  containing  frost  or 
that  are  frozen  shall  be  used.    Precaution  shall  be  taken  to  prevent 
concrete  from  freezing.    After  it  has  been  placed  in  position  a  tem- 
perature above  32  degrees  F.  shall  be  maintained,  by  artificial  means 
if  necessary,  until  the  concrete  has  its  initial  set. 

§29.  Hollow  building  blocks.  1.  Concrete. — Hollow  building  blocks 
of  concrete  shall  be  made  of  Portland  cement  and  suitable  ag- 
grogiite  in  such  proportions  as  to  develop  at  the  age  of  28  days 
an  ultimate  crushing  strength  per  square  inch  of  gross  area  of  not 
less  than  750  pounds  when  tested  with  the  cells  placed  vertically 
and  300  pounds  when  tested  with  the  cells  placed  horizontally. 

2.  Terra  cotta. — Hollow  building  blocks  of  terra  cotta  shall  be 
sound,  hard  and  well  burnt  and  shall  develop  an  ultimate  crushing 
strength  per  square  inch  of  gross  area  of  not  less  than  1,200  pounds 
when  tested  with  the  cells  placed  vertically  and  300  pounds  with  the 
cells  placed  horizontally. 

3.  Absorption. — The  absorption  of  hollow  building  blocks  to  be 
used  for  bearing  or  enclosing  walls  shall  not  exceed  12  per  cent,  in 
48  hours  as  an  average,  nor  more  than  15  per  cent,  in  any  case. 


58  CODE   OF   ORDINANCES  OF  THE   CITY   OF   NEW   YORK 

§  30.  Iron  and  steel.  1.  Cast  iron. — Cast  iron  shall  be  of  good 
foundry  mixture,  producing  a  clean,  tough,  gray  iron.  It  shall  conr 
form  to  such  specifications  as  may  be  promulgated  by  the  superin- 
tendent of  buildings,  or,  in  the  absence  of  such  specifications,  to 
the  standard  specifications  of  the  American  Society  for  Testing  Ma- 
terials for  medium  gray  iron  castings.  Castings  shall  be  free  of 
serious  blowholes,  cinder  spots  and  cold  shuts. 

4.  Cast  steel. — Steel  castings  for  building  construction  shall  be 
made  of  open  hearth  steel,  and  shall  be  practically  free  from  blow- 
holes. Except  as  may  be  otherwise  prescribed  by  rules  of  the  super- 
intendent of  buildings,  they  shall  conform  to  the  standard  spec- 
ifications of  the  American  Society  for  Testing  Materials  for  soft  or 
medium  steel  castings. 

3.  Structural  steel. — All  structural  steel  for  buildings  shall  have 
an  ultimate  tensile  strength  of  from  55,000  pounds  to  65,000  pounds 
per  square  inch.  Rivet  steel  shall  have  an  ultimate  strength  of  from 
46,000  to  56,000  pounds  per  square  inch.  Except  as  may  be  other- 
wise prescribed  by  the  rules  of  the  superintendent  of  buildings,  steel 
shall  conform  to  the  standard  specifications  of  the  American  Society 
for  Testing  Materials  for  structural  steel  for  buildings. 

§  31.  Timber. — All  timbers  and  wood  beams  used  in  any  building 
shall  be  of  good  sound  material,  free  from  rot,  large  and  loose  knots, 
shakes  or  any  imperfection  whereby  the  strength  may  be  impaired. 


ARTICLE  3 

WORKING   STRESSES   AND    LOADS 

(As  amended  by  ord.  effective  May  1,  1915) 

Sec.  50.  General  provisions. 

§  51.  Working  stresses. 

§  52.  Working  stresses  for  columng. 

§53.  Loads. 

§  54.  Wind  pressure. 

§  55.  Floor  capacities. 

Sec.  50.  General  provisions.  1.  Computations. — The  dimensions  of 
the  several  materials  and  the  form  of  each  construction  to  be  used 
in  building  shall  be  computed  as  required  in  the  various  sections  of 
this  chapter. 

2.  Factors  of  safety. — Where  the  unit  stress  of  any  material  is 
not  prescribed  in  this  chapter  the  relation  of  allowable  unit  stress  to 
ultimate  strength  shall  be  as  1  to  4  for  metals,  as  1  to  6  for  timber, 
and  as  1  to  10  for  natural  or  artificial  stones  and  brick  or  stone 
masonry.     But  wherever  working  stresses  are  prescribed  in  this 
chapter,  the  said  working  stresses  shall  be  used. 

3.  Temporary  supports.— Every  temporary  support  placed  under 
any  building  or  structure,  or  any  part  thereof,  during  the  erection, 
finishing,  alteration,  or  repairing  of  such  building  or  structure  or  any 
part  thereof,  shall  be  of  sufficient  strength  to  safely  carry  the  load 
to  be  placed  thereon. 

§51.  Working    stresses.      1.  Safe    carrying    capacity. — The    safe 


BUILDING   CODE  59 

carrying  capacity  of  the  various  materials  of  construction,  except 
in  the  case  of  columns,  shall  be  determined  by  the  working  stresses 
in  pounds  per  square  inch  specified  in  this  section.  Unless  otherwise 
indicated,  net  sectional  areas  shall  be  used  in  determining  the  safe 
carrying  capacity. 

2.  Iron  and  steel. — (a)  In  compression. 

Rolled  steel 16,000 

Cast  steel 16,000 

Cast  iron 16,000 

Steel  pins  in  bearing 24,000 

Steel  rivets,  shop  or  power  driven,  in  bearing 24,000 

Steel  field  rivets,  hand  driven,  in  Gearing 16,000 

Steel  field  bolts,  in  bearing 12,000 

(b)  In  tension. 

Rolled  steel 16,000 

Cast  steel 16,000 

Cast  iron 3,000 

(c)  In  shear. 

Steel  web  plates 10,000 

Steel  pins  and  shop  or  power  driven  rivets 12,000 

Steel  field  rivets,  hand  driven 8,000 

Steel  field  bolts 7,000 

Cast  iron 3,000 

(d)  In  bending  extreme  fibre. 

Rolled  steel  beams  and  riveted  steel  beams 16,000 

Rolled  steel  pins,  rivets  or  bolts 20,000 

Cast  iron,  compression  side 16,000 

Cast  iron,  tension  side 3,000 

3.  Timber. — (a)  In  compression. 

Oak with  grain  1,400,  across  grain  1,000 

Yellow  pine,  longleaf with  grain  1,600,  across  grain  1,000 

Spruce  and  Douglas  fir with  grain  1,200,  across  grain     800 

White  pine,  shortleaf  yellow  pine, 

N.  C.  pine  and  fir with  grain  1,000,  across  grain     800 

Locust with  grain  1,200,  across  grain  1,000 

Hemlock with  grain     800,  across  grain     800 

(b)  In  tension. 

Oak 1,200 

Yellow  pine,  longleaf 1,200 

Shortleaf  yellow  pine 900 

Douglas  fir 800 

Spruce  and  fir 800 

White  pine 700 

Hemlock 600 

(c)  In  shear. 

Oak with  grain  200,  across  grain  1,000 

Yellow  pine,  longleaf with  grain  150,  across  grain  1,000 

Shortleaf  yellow  pine,  N.  C.  pine, 

Douglas  fir with  grain  100,  across  grain  1,000 

White  pine,  spruce  and  fir with  grain  100,  across  grain     500 

Hemlock with  grain  100,  across  grain     600 

(d)  In  bending,  extreme  fibre. 

Oak 1,200 


60  CODE    OP   ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

Yellow  pine,  longleaf 1,600 

Douglas  fir,  white  pine  and  spruce '    1,200 

Shortleaf  yellow  pine,  N.  C.  pine 1,000 

Hemlock 800 

4.  Stone  in,  compression. 

Granite , 1,000 

Greenwich  stone 1,200 

Gneiss 1,000 

Limestone 700 

Marble 600 

Sandstone 400 

Bluestone,  North  River 2,000 

Slate 1,000 

5.  Masonry  in  compression. 

Grout,  neat  portland  cement 1,000 

Grout,  neat  natural  cement 500 

Concrete,  portland  cement,  1 :2:4 500 

Concrete,  portland  cement,  1 :23^:5 400 

Concrete,  natural  cement,  1 :2:4 210 

Concrete,  natural  cement,  1 :2^:5 150 

Brick  work  in  portland  cement  mortar 250 

Brick  work  in  natural  cement  mortar 210 

Brick  work  in  lime-cement  mortar 160 

Brick  work  in  lime  mortar 110 

Rubble  stone  work  in  portland  cement  mortar 140 

Rubble  stone  work  in  natural  cement  mortar 110 

Rubble  stone  work  in  lime-cement  mortar 100 

Ashlar  masonry,  other  than  sandstone 600 

Sandstone  ashlar  masonry 300 

Hollow  building  blocks  in  cement  mortar, 

Terra  cotta,  cells  vertical,  gross  area 100 

Terra  cotta,  cells  horizontal,  gross  area 50 

Concrete,  cells  vertical,  gross  area 75 

Concrete,  cells  horizontal,  gross  area 30 

when  filled  with  1 :3:6  concrete  or  better 150 

§  52.  Working  stresses  for  columns.  1.  General. — In  columns  or 
compression  members  with  flat  ends,  of  cast  iron,  steel  or  wood,  the 
stresses  shall  not  exceed  those  specified  in  this  section  for  the  re- 
spective ratios  of  slenderness.  For  intermediate  ratio  of  slenderness 
the  working  stresses  shall  be  proportionate  to  those  given. 

2.  Unsupported  lengths. — Columns  and  compression  members  shall 
not  be  used  having  an  unsupported  length  of  greater  ratios  than 
given  in  this  section. 

3.  Eccentrically  loaded  columns. — Any  column  eccentrically  loaded 
shall  have  the  sti  esses  caused  by  such  eccentricity  computed,  and 
the  combined  stresses  resulting  from  such  eccentricity  at  any  part 
of  the  column,  added  to  all  other  stresses  at  that  part,  shall  in  no 
case  exceed  the  working  stresses  given  in  this  section.    The  eccentric 
load  of  a  column  may  be  considered  to  be  distributed  equally  over 
the  entire  area  of  that  column  at  the  next  point  below  that  at  which 
the  column  is  securely  braced  laterally  in  the  direction  of  the  ec- 
centricity. 


BUILDING    CODE  61 

4.  Cast  iron  and  steel  columns. — The  working  stresses  in  pounds 
per  square  inch  of  cross  section  for  cast  iron  and  steel  columns  shall 
be,  when  the  length  divided  by  the  least  radius  of  gyration 

120 7,600  for  steel 

110 8,300  for  steel 

100 9,000  for  steel 

90 9,700  for  steel 

80 10,400  for  steel 

70 6,200  for  cast  iron,  11,100  for  steel 

60 6,600  for  cast  iron,  11,800  for  steel 

50 7,000  for  cast  iron,  12,500  for  steel 

40 7,400  for  cast  iron,  13,200  for  steel 

30 7,800  for  cast  iron,  13,900  for  steel 

20 8,200  for  cast  iron,  14,600  for  steel 

10 8,600  for  cast  iron,  15,300  for  steel 

5.  Wood  columns. — The  working  stresses  in  pounds  per  square 
inch  of  cross  section  for  wood  posts  and  columns  shall  be,  when  the 
length  divided  by  least  side  or  diameter  equals 

30 600  for  longleaf  yellow  pine,  390  for  spruce 

25 700  for  longleaf  yellow  pine,  475  for  spruce 

20 800  for  longleaf  yellow  pine,  560  for  spruce 

15 900  for  longleaf  yellow  pine,  645  for  spruce 

12 960  for  longieaf  yellow  pine,  696  for  spruce 

10 1,000  for  longleaf  yellow  pine,  730  for  spruce 

For  columns  of  shortleaf  yellow  pine,  N.  C.  pine  or  Douglas  fir  the 
working  stresses  shall  not  exceed  three-fourths  of  the  corresponding 
values  given  for  longleaf  yellow  pine;  for  columns  of  white  pine  or 
fir  the  working  stresses  shall  be  taken  the  same  as  for  spruce;  for 
columns  of  white  oak  the  working  stresses  shall  be  taken  the  same 
as  for  longleaf  yellow  pine. 

6.  Places  of  public  assembly. — In  a  building  containing  a  place  of 
public  assembly,  not  less  than  90  pounds  upon  every  superficial  foot. 

7.  Schools. — In  a  building  used  as  a  school  or  place  of  instruction, 
not  less  than  75  pounds  upon  every  superficial  foot. 

8.  Stables  and  carriage  houses. — In  a  building  used -as  a  stable  or 
carriage  house,  not  less  than  75  pounds  upon  every  superficial  foot. 

§53.  Loads.  1.  Dead  load. — The  term  "dead  load"  means  the 
weight  of  walls,  partitions,  framing,  doors,  roofs  and  all  permanent 
construction  entering  into  any  building. 

2.  Live  load. — The  term  "live  load"  means  all  forms  of  loading 
other  than  the  weight  of  the  material  entering  into  the  construction 
of  the  building. 

3.  Floor  loads. — Every  floor,  roof,  yard,  court  or  sidewalk  shall 
be  of  sufficient  strength  in  all  parts  to  bear  safely  any  imposed  loads, 
whether  permanent  or  temporary,  in  addition  to  the  dead  loads 
depending  thereon,  provided,  however,  that  no  floor  in  any  building 
or  extension  to  an  existing  building  hereafter  erected,  shall  be  de- 
signed to  carry  less  than  the  following  live  loads  per  square  foot  of 
area,  uniformly  distributed  according  as  the  floor  may  be  intended 
or  used  for  the  purposes  indicated. 

40  pounds  for  residence  purposes. 

100  pounds  for  places  of  assembly  or  public  purpose,  except  that 


62  CODE   OP  ORDINANCES   OF   THE   CITY   OP   NEW   YORK 

for  classrooms  of  schools  or  other  places  of  instruction  the  floor  need 
not  be  designed  for  more  than  75  pounds,  and 

120  pounds  for  any  other  purpose,  except  that  the  floors  of  offices 
need  not  be  designed  for  more  than  60  pounds. 

The  live  loads  for  which  any  and  every  floor  may  be  designed  shall 
be  clearly  shown  in  the  application  and  on  the  plans  before  any 
permit  to  erect  is  issued. 

4.  Concentrated  loads. — Every  steel  floor  beam  in  any  building 
hereafter  erected  used  for  any  business  purpose  shall  be  capable  of 
sustaining  a  live  load  concentrated  at  its  centre  of  at  least  4,000 
pounds. 

5.  Moving  loads. — Running  machinery  or  other  moving  loads  shall 
be  considered  as  increasing  the  live  loads  in  proportion  to  the  degree 
of  vibratory  impulse  transmitted  to  the  floor. 

6.  Roof  loads. — Every  roof  hereafter  erected  shall  be  proportioned 
to  bear  safely  a  live  load  of  40  pounds  per  square  foot  of  surface 
when  the  pitch  of  such  roof  is  twenty  degrees  or  less  with  the  hor- 
izontal, and  thirty  pounds  per  square  foot  measured  on  a  horizontal 
plane,  when  the  pitch  is  more  than  twenty  degrees. 

7.  Loads  on  vertical  supports. — Every  column,  post  or  other  ver- 
tical support  shall  be  of  sufficient  strength  to  bear  safely  the  com- 
bined live  and  dead  loads  of  such  portions  of  each  and  every  floor 
as  depend  upon  it  foi  support,  except  that  in  buildings  more  than 
five  stories  in  height  the  live  load  on  the  floor  next  below  the  top 
floor  may  be  assumed  at  ninety-five  per  cent,  of  the  allowable 
live  load,  on  the  next  lower  floor  at  ninety  per  cent,  and  on  each 
succeeding  lower  floor  at  correspondingly  decreasing  percentages, 
provided  that  in  no  case  shall  less  than  fifty  per  cent,  of  the  allow- 
able live  load  be  assumed. 

8.  Sidewalk  loads. — For  sidewalks  between  the  curb  and  building 
lines,  the  live  load  shall  be  taken  at  300  pounds  per  square  foot. 

9.  Yard  and  court  loads. — For  yards  and  courts  inside  the  build- 
ing line,  the  live  loads  shall  be  taken  at  not  less  than  120  pounds  per 
square  foot. 

§  54.  Wind  pressure.  1.  When  considered. — All  buildings  over  150 
feet  in  height  and  all  buildings  or  parts  of  buildings  in  which  the 
height  is  more  than  four  times  the  minimum  horizontal  dimension, 
shall  be  designed  to  resist  a  horizontal  wind  pressure  of  30  pounds  for 
every  square  foot  of  exposed  surface  measured  from  the  ground  to 
the  top  of  the  structure,  including  roof,  allowing  for  wind  in  any 
direction. 

2.  Stability. — The  overturning  moment  due  to  wind  pressure  shall 
not  exceed  75  per  cent,  of  the  moment  of  stability  of  the  struc- 
ture, unless  the  structure  is  securely  anchored  to  the  foundation. 
Anchors  shall  be  of  sufficient  strength  to  safely  carry  the  excess 
overturning  moment,  without  exceeding  the  working  stresses  pre- 
scribed in  this  chapter. 

3.  Allowable  stresses.— When,  the  stress  in  any  member  due  to 
wind  does  not  exceed  50  per  cent,  of  the  stress  due  to  live  and  dead 
loads,  it  may  be  neglected.    When  such  stress  exceeds  50  per  cent, 
of  the  stress  due  to  live  and  dead  loads,  the  working  stresses  pre- 
scribed in  this  chapter  may  be  increased  by  50  per  cent,  in  designing 
such  member  to  resist  the  combined  stresses. 


BUILDING    CODE  63 

§  55.  Floor  capacities.  1.  Estimate  of  floor  capacity. — In  every 
building  now  existing  or  hereafter  erected,  occupied  wholly  or  in 
part  as  a  business  building,  in  which  heavy  materials  are  kept 
or  stored,  or  machinery  is  introduced,  the  weight  that  each  floor 
will  safely,  sustain  shall  be  estimated  by  the  owner  or  occupant, 
or  by  a  competent  person  employed  by  the  owner  or  occupant. 
Such  estimate  shall  be  filed  with  the  superintendent  of  buildings, 
properly  verified  by  the  person  making  the  same  in  such  manner  as 
such  superintendent  may  direct,  and  shall  give  full  information  on 
which  the  estimate  is  based.  When  such  estimate  is  found  to  be  sat- 
isfactory and  correct,  the  superintendent  of  buildings  shall  approve 
the  same. 

If  the  superintendent  of  buildings  shall  have  cause  to  doubt  the 
correctness  of  said  estimate,  he  is  empowered  to  revise  and  correct 
the  same  and  for  the  purpose  of  such  revision  the  officers  and  em- 
ployes of  the  bureau  of  buildings  may  enter  any  building  and  re- 
move so  much  of  any  floor  or  other  portion  thereof  as  may  be  re- 
quired to  make  necessary  measurements  and  examination.  Any 
expense  necessarily  incurred  in  removing  any  floor  or  other  portion 
of  any  building  for  the  purpose  of  making  any  examination  herein 
provided  for  shall  be  paid  by  the  comptroller,  upon  the  requisition 
of  the  superintendent  of  buildings,  out  of  the  fund  paid  over  to  him 
under  the  provisions  of  §  639  of  this  chapter.  Such  expenses  shall 
be  a  charge  against  the  person  or  persons  by  whom  or  on  whose 
behalf  said  estimate  was  made,  provided  such  examination  proves 
the  floors  of  insufficient  strength  to  carry  with  safety  the  loads 
found  upon  them  when  such  examination  was  made;  and  shall  be 
collected  in  an  action  to  be  brought  by  the  corporation  counsel 
against  said  person  or  persons,  and  the  sum  so  collected  shall  be 

Eaid  over  to  the  comptroller,  to  be  deposited  in  said  fund  in  reim- 
ursement  of  the  amount  paid  as  aforesaid. 

2.  Posting  floor  capacities. — Before  any  building  hereafter  erected 
is  occupied,  in  whole  or  in  part,  as  a  business  building,  and  before 
any  building  already  erected  but  not  heretofore  occupied  as  a  busi- 
ness building  is  occupied  or  used,  in  whole  or  in  part,  for  such  pur- 
pose, the  safe  live  load  for  each  floor  as  approved  by  the  superin- 
tendent of  buildings  shall  be  posted  in  a  conspicuous  place  in  the 
story  to  which  it  relates.    When  the  safe  live  load  for  any  existing 
floor,  ascertained  as  hereinbefore  provided,  has  been  approved  by 
the  superintendent  of  buildings,  the  owner  or  occupant  shall  post 
such  approved  live  load  in  a  conspicuous  place  or  places  on  each 
story  occupied   for  any   of   the   purposes   indicated   in   this   sec- 
tion. 

3.  Loading  of  floors. — No  person  shall  place,  or  cause  or  permit 
to  be  placed,  on  any  floor  of  any  building  any  greater  load  than  the 
approved  safe  load. 

4.  Safes. — No  safe  shall  be  placed  on  a  stair  landing  or  in  a  stair 
hall,  nor  shall  its  weight  be  carried  by  any  beam  which  also  carries 
the  floor  of  any  landing  or  stair  hall. 

Sec.  2.  The  list  of  Articles  at  the  head  of  Chapter  5  of  the  Code 
of  Ordinances  of  the  City  of  New  York  is  hereby  amended  by  sub- 
stituting "Working  stresses  and  loads"  for  "Strength  of  materials" 
as  the  title  of  Article  5. 


64  CODE  OP  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 

ARTICLE  4 

CLASSIFICATION  OF  BUILDINGS 

(As  amended  by  ord.  effective  Sept.  1, 1915) 

Sec.  70.  Occupancy. 

§  71.  Construction. 

§  72.  When  buildings  are  required  to  be  fireproof. 

§  73.  When  buildings  may  be  non-fireproof. 

§  74.  One-story  special  buildings. 

Sec.  70.  Occupancy.  1.  Classes  designated. — For  the  purposes  of 
this  chapter  all  buildings  or  structures  shall  be  classified,  with  respect 
to  occupancy  and  use,  as  public  buildings,  residence  buildings  and 
business  buildings,  as  hereinafter  specified  and  defined. 

2.  Public  buildings. — Public  buildings  are  buildings  or  parts  of  build- 
ings in  which  persons  congregate  for  civic,  political,  educational,  re- 
ligious or  recreational  purposes,  or  in  which  persons  are  harbored  to 
receive  medical,   charitable  or  other  care  or    treatment,  or  in  which 
persons  are  held  or  detained  by  reason  of  public  or  civic  duty,  or  for 
correctional  purposes,  including  among  pthers7"court  houses,   schools, 
colleges,  libraries,  museums,  exhibition  buildings,  lecture  halls,  churches, 
assembly  halls,  lodge  rooms,  dance  halls,  theatres,  bath  houses,  hos- 
pitals, asylums,   armories,  fire  houses,  police  stations,  jails  and  pas- 
senger depots. 

3.  Residence  buildings. — Residence  buildings  are  buildings  or  parts 
of  buildings  in  which  sleeping  accommodations  are  provided,   except 
such  as  may  for  other  reasons  be  classed  as  public  buildings,  including 
among    others,    dwellings,    tenement    houses,    hotels,    lodging    houses, 
dormitories,   convents,   and  studios  and  club  houses  having  sleeping 
accommodations. 

4.  Business  buildings. — Business  buildings  are  buildings  or  parts  of 
buildings,  which  are  not  public  buildings  or  residence  buildings,  includ- 
ing among  others,  office  buildings,  stores,  markets,  restaurants,  ware- 
houses, freight  depots,  car  barns,  stables,  garages,  factories,  laboratories, 
smoke  houses,  grain  elevator  and  coal  pockets. 

5.  Doubtful  classifications. — In   case   any  building  is  not  specifically 
provided  for  or  where  there  is  any  uncertainty  as  to  its  classification, 
its  status  shall  be  fixed  by  rule  promulgated  by  the  superintendent  of 
buildings. 

6.  Mixed  occupancy. — In   case   a   building  is  occupied   or  used   for 
different   purposes   in   different   parts,   the   provisions  of  this   chapter 
applying  to  each  class  of  occupancy  shall  apply  to  such  parts  of  the 
building  as  come  within  that  class;   and  if  there   should  be  conflicting 
provisions,  the  requirements  securing  the  greater  safety  shall  apply. 

§71.  Construction.  1.  Classes  of  construction. — For  the  purposes 
of  this  chapter,  all  buildings  or  structures  shall  be  classified,  with  re- 
spect to  construction,  as  fireproof,  non-fireproof  and  frame. 

2.  Fireproof. — Fireproof  buildings  or  structures  are  those  which  are 
constructed  throughout  of  materials  that  will  resist  the  action  of  fire 
and  are  constructed  as  required  in  Article  17  of  this  chapter. 

3.  Non-fireproof. — Non-fireproof    buildings    or   structures    are    those 
which  do  not  conform  to  the  requirements  for  fireproof  buildings  or 
structures,  but  which  are  enclosed  with  walls  of  approved  masonry  or 
reinforced  concrete. 

4.  Frame. — Frame   buildings  or  structures  are   those  of  which  the 
exterior  walls  or  any  parts  thereof  are  of  wood,  or  which  do  not  con- 
form to  the  requirements  for  fireproof  or  non-fireproof  buildings. 

§  72.  When  buildings  are  required  to  be  fireproof.  1 .  New  buildings. — 
Every  building  hereafter  erected  shall  be  a  fireproof  building,  as  follows: 


BUILDING  CODE  65 

a.  Every  public  building  over  20  feet  high,   in  which  persons  are 
harbored  to  receive  medical,  charitable  or  other  care  or  treatment,  or 
in  which  persons  are  held  or  detained  under  legal  restraint; 

b.  every  other  public  building  over  40  feet  in  height,  or  exceeding 
5,000  square  feet  in  area; 

c.  every  residence  building,  except  tenements,  over  40  feet  in  height 
and  having  more  than  15  sleeping  rooms; 

d.  every  tenement  house  exceeding  six  stories  or  parts  of  stories  as 
provided  in  the  Tenement  House  Law; 

e.  every   residence   building   having  more   than    15   sleeping   rooms, 
and  exceeding  2,500  square  feet  in  area,  unless  divided  by  interior  par- 
tition walls  of  approved  masonry  or  reinforced  concrete  into  sections 
of  less  than  2,500  square  feet  area; 

f.  every  other  residence  building  over  75  feet  in  height; 

g.  every   business  building  exceeding   fifty    feet  in   height,   used  as 
a  garage,  motor  vehicle  repair  shop  or  oil  selling  station  within  the  fire 
limits  or  the  suburban  limits;  every  garage  within  the  suburban  limits 
exceeding  GOO  square  feet  in  area  or  15  feet  in  height,  or  not  located  as 
provided  in  §  91  of  this  chapter;  and  every  garage,  outside  these  re- 
stricted areas,  over  40  feet  in  height;  except  that  garages  not  exceeding 
1  story  in  height  may  have  non-fireproof  roofs,  and  garages  not  exceed- 
ing 2  stories  in  height  may  likewise  have  non-fireproof  roofs,  provided 
the  same  are  covered  on  the  inside  with  approved  fire  retarding  material 
in  all  cases  where  motor  vehicles,  with  volatile  inflammable  oil  in  their 
fuel  tanks,  are  stored  or  kept  on  the  upper  floor.     Window  openings 
and  outside  doors  in  such  garages  removed  at  least  30  feet  from  the 
nearest  exposure,  may  be  non-fireproof. 

Adopted  December  19,  1916,  as  amended  July  3,  1917. 
Subd.  h.  Repealed  by  ordinance  adopted  July  3,  1917. 

a  in  hpjcrht  usod  as  a  factory  as  de- 


Page  65,  section  72,  subdivision  1,  paragraph  g,  was  amended  to 
read  as  per  first  sentence  to  "within  the  fire  limits  or  suburban 
limits";  and  everything  thereafter  stricken  out  of  paragraph  g. 


construction  shall  be  required  only  when  the  areas  exceeu  uouuie  uiuoc 
herein  specified  for  the  respective  conditions,  and  provided  also  that 
when  any  such  building  is  divided  by  approved  interior  fire  walls,  fire- 
proof construction  shall  be  required  only  when  any  undivided  area 
exceeds  7,500  square  feet.  Buildings  of  greater  areas  than  herein  speci- 
fied for  the  respective  conditions  may,  considering  location  and  pur- 
pose, be  constructed  non-fireproof  by  special  permission  of  the  super- 
intendent of  buildings,  provided  they  do  not  exceed  two  stories  in  height. 

2.  Alterations. — a.  By  extending.  When  any  building  now  exist- 
ing is  to  be  enlarged  by  extending  it  on  any  side  so  that  the  enlarged 
building  would  exceed  the  limits  of  height  or  area  specified  in  subdivision 
1  of  this  section  for  a  new  building,  the  extension  or  enlargement  shall 
be  constructed  fireproof,  provided  that,  in  case  the  existing  building  is 
not  of  fireproof  construction,  the  existing  and  new  portions  of  the  build- 
ing shall  be  separated  by  fire  walls. 

b.  By  raising  in  height.  No  building  now  existing  shall  be  raised  in 
height  so  as  to  exceed  the  limits  of  height  specified  in  subdivision  1 
of  this  section  unless  it  is  fireproof. 

§  73.  When  buildings  may  be  non-fireproof.  1.  New  buildings. — 
Except  when  required  by  this  article  to  be  fireproof,  or  when  permitted 


64  CODE  OF  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 

ARTICLE  4 

CLASSIFICATION  OF  BUILDINGS 

(As  amended  by  ord.  effective  Sept.  1, 1915) 

Sec.  70.  Occupancy. 
§  71.  Construction. 

§  72.  When  buildings  are  required  to  be  fireproof. 
§  73.  When  buildings  may  be  non-fireproof. 
§  74.  One-story  special  buildings. 

Sec.  70.  Occupancy.  1.  Classes  designated. — For  the  purposes  of 
this  chapter  all  buildings  or  structures  shall  be  classified,  with  respect 
to  occupancy  and  use,  as  public  buildings,  residence  buildings  and 
business  buildings,  as  hereinafter  specified  and  defined. 

2.  Public  buildings. — Public  buildings  are  buildings  or  parts  of  build- 
ings in  which  persons  congregate  for  civic,  political,  educational,  re- 
ligious or  recreational  purposes,  or  in  which  persons  are  harbored  to 
receive  medical,   charitable  or  other  care  or    treatment,  or  in  which 
persons  are  held  or  detained  by  reason  of  public  or  civic  duty,  or  for 
correctional  purposes,  including  among  othersT""court  houses,  schools, 
colleges,  libraries,  museums,  exhibition  buildings,  lecture  halls,  churches, 
assembly  halls,  lodge  rooms,  dance  halls,  theatres,  bath  houses,  hos- 
pitals, asylums,   armories,  fire  houses,  police  stations,  jails  and  pas- 
senger depots. 

3.  Residence  buildings. — Residence  buildings  are  buildings  or  parts 
of  buildings  in  which  sleeping  accommodations  are  provided,   except 
such  as  may  for  other  reasons  be  classed  as  public  buildings,  including 
among    others,    dwellings,    tenement    houses,    hotels,    lodging    houses, 

rJonrutorifS        r>nnironfa        arirJ      afn^J^o      n^J      ~1-.r 


t>.  Mixed  occupancy. — In  case  a  building  is  occupied  or  used  for 
different  purposes  in  different  parts,  the  provisions  of  this  chapter 
applying  to  each  class  of  occupancy  shall  apply  to  such  parts  of  the 
building  as  come  within  that  class;  and  if  there  should  be  conflicting 
provisions,  the  requirements  securing  the  greater  safety  shall  apply. 

§71.  Construction.  I.  Classes  of  construction. — For  the  purposes 
of  this  chapter,  all  buildings  or  structures  shall  be  classified,  with  re- 
spect to  construction,  as  fireproof,  non-fireproof  and  frame. 

2.  Fireproof. — Fireproof  buildings  or  structures  are  those  which  are 
constructed  throughout  of  materials  that  will  resist  the  action  of  fire 
and  are  constructed  as  required  in  Article  17  of  this  chapter. 

3.  N on- fireproof. — Non-fireproof    buildings    or   structures    are    those 
which  do  not  conform  to  the  requirements  for  fireproof  buildings  or 
structures,  but  which  are  enclosed  with  wails  of  approved  masonry  or 
reinforced  concrete. 

4.  Frame. — Frame  buildings  or  structures  are   those   of   which  the 
exterior  walls  or  any  parts  thereof  are  of  wood,  or  which  do  not  con- 
form to  the  requirements  for  fireproof  or  non-fireproof  buildings. 

§  72.  When  buildings  are  required  to  be  fireproof.  1 .  New  buildings. — 
Every  building  hereafter  erected  shall  be  a  fireproof  building,  as  follows: 


BUILDING  CODE  65 

a.  Every  public  building  over  20  feet  high,   in  which  persons  are 
harbored  to  receive  medical,  charitable  or  other  care  or  treatment,  or 
in  which  persons  are  held  or  detained  under  legal  restraint; 

b.  every  other  public  building  over  40  feet  in  height,  or  exceeding 
5,000  square  feet  in  area; 

c.  every  residence  building,  except  tenements,  over  40  feet  in  height 
and  having  more  than  15  sleeping  rooms; 

d.  every  tenement  house  exceeding  six  stories  or  parts  of  stories  as 
provided  in  the  Tenement  House  Law; 

e.  every   residence   building   having   more   than    15   sleeping   rooms, 
and  exceeding  2,500  square  feet  in  area,  unless  divided  by  interior  par- 
tition walls  of  approved  masonry  or  reinforced  concrete  into  sections 
of  less  than  2,500  square  feet  area; 

f.  every  other  residence  building  over  75  feet  in  height; 

g.  every  business  building  exceeding   fifty    feet  in  height,   used  as 
a  garage,  motor  vehicle  repair  shop  or  oil  selling  station  within  the  fire 
limits  or  the  suburban  limits;  every  garage  within  the  suburban  limits 
exceeding  600  square  feet  in  area  or  15  feet  in  height,  or  not  located  as 
provided  in  §  91  of  this  chapter;  and  every  garage,  outside  these  re- 
stricted areas,  over  40  feet  in  height;  except  that  garages  not  exceeding 
1  story  in  height  may  have  non-fireproof  roofs,  and  garages  not  exceed- 
ing 2  stories  in  height  may  likewise  have  non-fireproof  roofs,  provided 
the  same  are  covered  on  the  inside  with  approved  fire  retarding  material 
in  all  cases  where  motor  vehicles,  with  volatile  inflammable  oil  in  their 
fuel  tanks,  are  stored  or  kept  on  the  upper  floor.     Window  openings 
and  outside  doors  in  such  garages  removed  at  least  30  feet  from  the 
nearest  exposure,  may  be  non-fireproof. 

Adopted  December  19,  1916,  as  amended  July  3,  1917. 
Subd.  h.  Repealed  by  ordinance  adopted  July  3,  1917. 

i.  every  building  over  four  stories  in  height  used  as  a  factory  as  de- 
fined in  the  Labor  Law; 

j.  every  building  or  structure  within  the  fire  limits  or  the  suburban 
limits  used  as  a  grain  elevator  or  a  coal  pocket; 

k.  every  business  building  over  75  feet  in  height; 

1.  every   business   building   within   the   fire   limits   or   the   suburban 
limits  which  exceeds  an  area  of  7,500  square  feet  when  located  on  an 
interior  lot  or  when  facing  on  only  one  street,  or  12,000  square  feet 
when  facing  on  two  streets,  or  15,000  square  feet  when  facing  on  three 
or  more  streets,   provided  that  when  any  such  building  is  equipped 
throughout  with  an  approved  system  of  automatic  sprinklers,  fireproof 
construction  shall  be  required  only  when  the  areas  exceed  double  those 
herein  specified  for  the  respective  conditions,  and  provided  also  that 
when  any  such  building  is  divided  by  approved  interior  fire  walls,  fire- 
proof construction  shall   be  required  only  when   any  undivided   area 
exceeds  7,500  square  feet.     Buildings  of  greater  areas  than  herein  speci- 
fied for  the  respective  conditions  may,  considering  location  and  pur- 
pose, be  constructed  non-fireproof  by  special  permission  of  the  super- 
intendent of  buildings,  provided  they  do  not  exceed  two  stories  in  height. 

2.  Alterations. — a.  By   extending.      When   any    building   now   exist- 
ing is  to  be  enlarged  by  extending  it  on  any  side  so  that  the  enlarged 
building  would  exceed  the  limits  of  height  or  area  specified  in  subdivision 
1  of  this  section  for  a  new  building,  the  extension  or  enlargement  shall 
be  constructed  fireproof,  provided  that,  in  case  the  existing  building  is 
not  of  fireproof  construction,  the  existing  and  new  portions  of  the  build- 
ing shall  be  separated  by  fire  walls. 

b.  By  raising  in  height.  No  building  now  existing  shall  be  raised  in 
height  so  as  to  exceed  the  limits  of  height  specified  in  subdivision  1 
of  this  section  unless  it  is  fireproof. 

§  73.  When  buildings  may  be  non-fireproof.  1.  New  buildings. — 
Except  when  required  by  this  article  to  be  fireproof,  or  when  permitted 


66  CODE  OF  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 

by  Article  5  or  Article  22  of  this  chapter  to  be  frame,  any  building  here- 
after erected  may  be  non-fireproof. 

2.  Alterations. — Except   when    required    by   this   article   to    be   fire- 
proof, or  when  permitted  by  Article  5  or  Article  30  of  this  chapter  to  be 
frame,  any  building  which  shall  hereafter  be  enlarged  in  any  manner, 
may  be  non-fireproof. 

3.  Special  fire   protection.      In   all   non-fireproof   buildings   hereafter 
erected  or  hereafter  altered  or  converted  to  be  used  as  garages,  motor 
vehicle  repair  shops  or  oil  selling  stations  the  columns  and  girders, 
unless  of  'fireproof  construction,  and  all  wood  floor  and  roof  construc- 
tion shall  be  covered  and  protected  on  all  sides  with  such  fire  retarding 
materials  and  in  such  manner  as  may  be  prescribed  by  the  rules  of  the 
Board  of  Standards  and  Appeals,  except  that  when  such  buildings  are 
not  more  than  one  story  high,  without  basement  or  cellar,  such  pro- 
tection shall  not  be  required  for  the  roof  construction. 

Existing  non-fireproof  buildings  heretofore  occupied  as  garages, 
motor  vehicle  repair  shops  or  oil  selling  stations  shall  not  be  required 
to  comply  with  the  provisions  of  this  sub-division,  except  as  may  be 
specifically  provided  in  rules  hereafter  adopted  by  the  Board  of  Standards 
and  Appeals.  (New.) 

Adopted  July  3,  1917.    Became  effective  July  17,  1917. 

§  74.  One-story  special  buildings.  Nothing  in  this  article  shall  prohibit 
the  use  of  sheet  metal  not  less  than  No.  26  gauge  in  thickness,  or  other 
approved  incombustible,  weatherproof  material  of  such  character  and 
thickness  as  may  be  prescribed  by  rules  of  the  Board  of  Standards  and 
Appeals,  for  the  exterior  walls  of  any  building,  irrespective  of  occupancy 
or  location,  except  when  otherwise  specifically  prescribed  by  this  chapter; 
provided  that  such  building  is  not  more  than  one  story  high  above  the  curb 
or  the  surrounding  ground  level,  and  that  all  sides,  except  for  necessary 
window  and  door  openings,  and  the  roofs  of  such  buildings  are  of  the 
same  material  and  construction,  and  provided  further  that  the  area  does 
not  exceed  1,250  square  feet,  and  the  side  walls  15  feet  in  height.  (New.) 

Adopted  May  1,  1917.    Became  effective  May  15,  1917. 

ARTICLE  5 

RESTRICTED  AREAS 

Sec.  90.  Fire  limits. 
§91.  Suburban  limits. 
§  92.  Enlarging  buildings. 
§  93.  Repair  of  damaged  buildings. 
§  94.  Moving  buildings. 
§  95.  Buildings  in  process  of  construction. 
§  96.  Frame  buildings  permitted. 

Sec.  90.  Fire  limits. — Except  as  otherwise  specifically  provided  in 
this  chapter,  or  as  the  same  may  be  amended  from  time  to  time,  no 
frame,  wood  or  other  combustible  structure  shall  be  hereafter  built  in 
the  city  within  the  following  limits  hereinafter  referred  to  as  the  fire 
limits  and  no  person  shall  maintain,  occupy  or  use  any  such  structure 
erected  in  violation  of  any  provision  of  this  ordinance: 

1.  In  the  borough  of  Manhattan:  Beginning  at  a  point  on  the  North 
river  at  the  Battery,  and  running  thence  northerly  along  the  pierhead 
line  to  a  point  100  feet  north  of  the  northerly  side  of  Dyckman  street; 
thence  running  easterly  100  feet  north  of  and  parallel  to  the  northerly 
side  of  Dyckman  street  to  a  point  100  feet  west  of  the  westerly  side 
of  Seaman  avenue;  thence  running  northerly  100  feet  west  of  and  par- 
allel to  the  westerly  side  of  Seaman  avenue  to  a  point  100  feet  south 
of  the  southerly  side  of  W.  215th  st.;  thence  running  easterly  100  feet 
south  of  and  parallel  to  the  southerly  side  of  W.  215th  st.,  to  a  point 


BUILDING  CODE  67 

100  feet  west  of  the  westerly  side 'of  Broadway;  thence  running  northerly 
100  feet  west  of  and  parallel  to  the  westerly  side  of  Broadway  to  the 
bulkhead  line  of  the  Harlem  ship  canal;  thence  easterly  and  southerly 
along  the  bulkhead  line  of  the  Harlem  ship  canal  and  the  Harlem  river 
to  the  Bronx  kills;  thence  easterly  along  the  bulkhead  line  of  the  Bronx 
kills  to  the  East  river;  thence  southerly  along  the  East  river  to  the 
east  of  Randalls,  Wards  and  Blackwells  islands  and  along  the  pierhead 
line  of  the  East  river  to  the  North  river,  at  the  place  of  beginning. 
(Ord.  app.  Aug.  14,  1914.) 

2.  In  the  borough  of  the  Bronx:  a.  Beginning  at  a  point  on  the  eastern 
bulkhead  line  of  the  Harlem  river  at  the  intersection  with  the  centre 
line  of  Washington  bridge  to  Aqueduct  ave.,  thence  running  northerly 
along  the  centre  line  of  Aqueduct  aye.  to  Featherbed  lane,  thence  run- 
ning northeasterly  along  the  centre  line  of  Featherbed  lane  to  Macombs 
road,  thence  running  southerly  along  the  centre  line  of  Macombs  road 
to  174th  st.,  thence  running  easterly  along  the  centre  line  of  174th  st. 
to  a  point  100  feet  west  of  the  westerly  side  of  Jerome  ave.,  thence 
running  northerly  100  feet  west  of  and  parallel  to  the  westerly  side  of 
Jerome  ave.  to  Woodlawn  road,  thence  running  southeasterly  along 
the  centre  line  of  Woodlawn  road  to  a  point  100  feet  east  of  the  easterly 
side  of  Jerome  ave.,  thence  running  southerly  100  feet  east  of  and 
parallel  to  the  easterly  side  of  Jerome  ave.,  to  E.  174th  st.,  thence  run- 
ning easterly  along  the  centre  line  of  E.  174th  st.  to  a  point  100  feet  west 
of  the  westerly  side  of  Webster  ave.,  thence  running  northerly  100  feet 
west  of  and  parallel  to  the  westerly  side  of  Webster  ave.  to  a  point  100 
feet  north  of  the  northerly  side  of  Gun  Hill  road,  thence  running  easterly 
109  feet  north  of  and  parallel  to  the  northerly  side  of  Gun  Hill  road  to  a 
point  100  feet  west  of  the  westerly  side  of  White  Plains  road,  thence 
running  westerly  100  feet  south  of  and  parallel  to  the  southerly  side 
of  Gun  Hill  road  to  the  westerly  line  of  the  right  of  way  of  the  New 
York  and  Harlem  railroad,  thence  running  southerly  along  the  westerly 
line  of  the  right  of  way  of  the  New  York  and  Harlem  railroad  to  a  point 
100  feet  north  of  the  northerly  side  of  Fordham  road,  thence  running 
easterly  100  feet  north  of  and  parallel  to  the  northerly  side  of  Fordham 
road  to  the  westerly  boundary  of  Bronx  park,  thence  running  southerly 
along  the  westerly  boundary  and  easterly  along  the  southerly  boundary 
of  Bronx  park  to  the  Bronx  river,  thence  running  southerly  along  the 
centre  line  of  the  Bronx  river  to  a  point  100  feet  north  of  the  northerly 
side  of  Walker  ave.,  thence  running  easterly  100  feet  north  of  and  parallel 
to  the  northerly  side  of  Walker  ave.  to  a  point  100  feet  west  of  ths 
westerly  side  of  Morris  Park  Ave.,  thence  running  northeasterly  100 
feet  northwest  of  and  parallel  to  the  northwesterly  side  of  Morris  Park 
ave.  to  a  point  100  feet  west  of  the  westerly  side  of  White  Plains  road, 
thence  running  northerly  100  feet  west  of  and  parallel  to  the  westerly 
side  of  White  Plains  road  to  the  northerly  boundary  line  of  the  city, 
thence  running  easterly  along  said  boundary  line  to  a  point  100  feet 
east  of  the  easterly  side  of  White  Plains  road,  thence  running  southerly 
100  feet  east  of  and  parallel  to  the  easterly  side  of  White  Plains  road  to 
a  point  100  feet  south  of  the  southerly  side  of  Morris  Park  ave.,  thence 
running  southwesterly  100  feet  southeast  of  and  parallel  to  the  south- 
easterly side  of  Morris  Park  ave.  to  a  point  100  feet  south  of  the  southerly 
side  of  Walker  ave.,  thence  running  westerly  100  feet  south  of  and 
parallel  to  the  southerly  side  of  Walker  ave.  to  the  Bronx  river,  thence 
running  southerly  along  the  centre  line  of  the  Bronx  river  to  a  point 
100  feet  north  of  the  northerly  side  of  Westchester  ave.,  thence  run- 
ning easterly  100  feet  north  of  and  parallel  to  the  northerly  side  of 
Westchester  ave.  to  the  Eastern  boulevard,  thence  running  southerly 
across  Westchester  ave.  to  a  point  100  feet  south  of  the  southerly  side 
of  Westchester  ave.,  thence  running  westerly  100  feet  south  of  and 
parallel  to  the  southerly  side  of  Westchester  ave.  to  the  Bronx  river, 
thence  running  southerly  along  the  centre  line  of  the  Bronx  river  to  the 


68  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

East  river,  thence  running  southeasterly  along  the  East  river,  north- 
westerly along  the  Bronx  kills  and  northerly  along  the  Harlem  river 
to  the  point  of  beginning; 

b.  Also,  beginning  at  a  point  on  the  boundary  line  between  the 
boroughs  of  The  Bronx  and  Manhattan  in  the  bed  of  the  old  Spuyten 
Duyyfl  creek  100  feet  west  of  the  westerly  side  of  Broadway,  thence 
running  northerly  100  feet  west  of  and  parallel  to  the  westerly  side  of 
Broadway  to  the  city  line,  thence  running  easterly  along  the  city 
line  to  the  east  side  of  Broadway,  thence  running  southerly  along  the 
easterly  side  of  Broadway  to  the  northerly  side  of  Van  Cortlandt 
park  south,  thence  running  easterly  to  a  point  100  feet  east  of  the 
easterly  side  of  Broadway,  thence  running  southerly  100  feet  east  of 
and  parallel  to  the  easterly  side  of  Broadway  to  the  boundary  line 
between  the  boroughs  of  The  Bronx  and  Manhattan,  thenoe  running 
westerly  along  said  boundary  line  to  the  point  of  beginning. 

3.  In  the  Borough  of  Brooklyn:  a.  Beginning  at  the  junction  of 
Newtown  creek  with  the  East  river,  thence  running  along  Newtown 
creek  and  the  borough  line  between  Brooklyn  and  Queens  to  Chaun- 
cey  St.,  thence  running  southwesterly  along  the  centre  line  of  Chaun- 
cey  st.  to  Central  ave.,  thence  running  southeasterly  along  the 
centre  line  of  Central  ave.  to  the  boundary  line  of  Evergreen  cem- 
etery, thence  running  southerly  along  the  boundary  line  of  Ever- 
green cemetery  to  Highland  boulevard,  thence  running  northeasterly 
along  the  centre  line  of  Highland  boulevard  to  Highland  park,  thence 
running  southerly  along  the  boundary  line  of  Highland  park  to  Ja- 
maica ave.,  thence  running  easterly  along  the  northerly  side  of 
Jamaica  ave.  to  the  borough  line  between  Brooklyn  and  Queens, 
thence  running  southerly  along  said  borough  line  to  a  point  100 
feet  south  of  the  southerly  side  of  Jamaica  ave.,  thence  running 
westerly  100  feet  south  of  and  parallel  to  the  southerly  side  of  Ja- 
maica ave.  to  a  point  100  feet  east  of  the  easterly  side  of  Norwood 
ave.,  thence  running  southerly  100  feet  east  of  and  parallel  to  the 
easterly  side  of  Norwood  ave.  to  Atlantic  ave.,  thence  running 
easterly  along  the  centre  line  of  Atlantic  ave.,  to  a  point  100  feet  east 
of  the  easterly  side  of  Milford  st.,  thence  running  southerly  100  feet 
east  of  and  parallel  to  the  easterly  side  of  Milford  st.  to  a  point  100 
feet  south  of  the  southerly  side  of  New  Lots  ave.,  thence  running 
westerly  100  feet  south  of  and  parallel  to  the  southerly  side  of  New 
Lots  ave.  to  a  point  100  feet  south  of  the  southerly  side  of  Riverdale 
ave.,  thence  running  westerly  100  feet  south  of  and  parallel  to  the 
southerly  side  of  Riverdale  ave.  to  a  point  100  feet  west  of  the  west- 
erly side  of  E.  98th  st.,  thence  running  northwesterly  100  feet  west 
of  and  parallel  to  the  westerly  side  of  E.  98th  st.  to  a  point  100  feet 
south  of  the  southerly  side  of  Clarkson  ave.,  thence  running  westerly 
100  feet  south  of  and  parallel  to  the  southerly  side  of  Clarkson  ave. 
across  Remsen  ave.  and  continuing  100  feet  south  of  and  parallel  to 
the  southerly  side  of  Clarkson  ave.  to  a  point  100  feet  east  of  the 
easterly  side  of  Flatbush  ave.,  thence  running  southerly  100  feet 
east  of  and  parallel  to  the  easterly  side  of  Flatbush  ave.  to  a  point 
opposite  the  junction  of  Kings  highway  with  Flatbush  ave.,  thence 
running  westerly  across  Flatbush  ave.  to  a  point  100  feet  west  of  the 
westerly  side  of  Flatbush  ave.,  thence  running  northerly  100  feet 


BUILDING    CODE  69 

west  of  and  parallel  to  the  westerly  side  of  Flatbush  ave.  to  a  point 
100  feet  south  of  the  southerly  side  of  Church  ave.,  thence  running 
westerly  100  feet  south  of  and  parallel  to  the  southerly  side  of 
Church  ave.  to  a  point  100  feet  southeast  of  the  southeasterly  side  of 
14th  ave.,  thence  running  southwesterly  100  feet  southeast  of  and 
parallel  to  the  southeasterly  side  of  14th  ave.  to  a  point  100  feet 
southwest  of  the  southwesterly  side  of  60th  st.,  thence  running 
northwesterly  100  feet  southwest  of  and  parallel  to  the  southwest 
side  of  60th  st.  to  New  York  bay,  thence  running  northerly  along 
the  pierhead  line  of  New  York  bay,  Gowanus  bay,  Buttermilk  chan- 
nel and  the  East  river  to  the  point  of  beginning; 

b.  Beginning  at  a  point  at  the  intersection  of  the  Atlantic  Ocean 
and  W.  5th  st.,  thence  running  northerly  along  the  centre  line  of 
W.  5th  st.  to  a  point  100  feet  north  of  the  northerly  side  of  Surf  ave., 
thence  running  westerly  100  feet  north  of  and  parallel  to  the  north- 
erly side  of  Surf.  ave.  to  W.  8th  st.,  thence  running  westerly  along 
the  southerly  side  of  the  right  of  way  of  the  Norton  s  Point  railroad 
to  W.  37th  st.,  provided  that  at  no  point  along  said  right  of  way 
shall  these  limits  be  taken  at  a  distance  less  than  100  feet  north  of  the 
northerly  side  of  Surf  ave.,  thence  running  southerly  along  the  centre 
line  of  W.  37th  st.  to  the  Atlantic  Ocean,  thence  running  easterly 
along  the  shore  line  to  the  point  of  beginning; 

4.  In  the  borough  of  Queens,  a.  Beginning  at  a  point  in  the  bulk- 
head line  of  the  East  river  at  its  intersection  with  the  centre  line  of 
Winthrop  ave.,  thence  running  southeasterly  along  the  centre  line  of 
Wintrhop  ave.  to  a  point  100  feet  southeast  of  the  southeasterly  side 
of  Steinway  ave.,  thence  running  southwesterly  100  feet  southeast  of 
and  parallel  to  the  southeasterly  side  of  Steinway  ave.  to  a  point  100 
feet  north  of  the  northerly  side  of  Astoria  ave.,  thence  running 
easterly  100  feet  north  of  and  parallel  to  the  northerly  side  of  Astoria 
ave.  to  the  Old  Bowery  bay  road,  thence  running  southerly  along  the 
centre  line  of  the  Old  Bowery  bay  road  to  Woodside  ave.,  thence 
running  southerly  along  the  centre  line  of  Woodside  aye.  to  Middle- 
burg  ave.,  thence  running  westerly  along  the  centre  line  of  Middle- 
burg  ave.  to  Dickson  st.,  thence  running  southerly  along  the  centre 
line  of  Dickson  st.  to  a  point  100  feet  south  of  the  southerly  side  of 
Greenpoint  ave.,  thence  running  westerly  100  feet  south  of  and 
parallel  to  the  southerly  side  of  Greenpoint  ave.  to  Borden  ave., 
thence  running  easterly  along  the  centre  line  of  Borden  ave.  to 
Laurel  Hill  boulevard,  thence  running  southwesterly  along  the  centre 
line  of  Laurel  Hill  boulevard  to  Meeker  ave.,  thence  running  south- 
erly along  the  centre  line  of  Meeker  ave.  to  Newtown  Creek,  thence 
along  Newtown  creek  to  the  East  river,  thence  running  northerly 
along  the  bulkhead  line  of  the  East  river  to  the  place  of  beginning. 
(Amend  Nov.  9,  1915.) 

b.  Beginning  at  a  point  on  the  borough  line  between  Queens  and 
Brooklyn  intersected  by  a  line  distant  100  feet  north  of  and  parallel 
to  the  northerly  side  of  Metropolitan  ave.,  thence  running  easterly 
100  feet  north  of  and  parallel  to  the  northerly  side  of  Metropolitan 
ave.  to  a  point  100  feet  east  of  the  easterly  side  of  Fresh  Pond  road, 
thence  running  southerly  100  feet  east  of  and  parallel  to  the  easterly 
side  of  Fresh  Pond  road  to  Myrtle  ave.,  thence  running  southerly 
along  the  Long  Island  railroad  to  the  borough  line  between  Queens 


70  CODE    OF   ORDINANCES    OF   THE  ,  CITY    OF   NEW    YORK 

and  Brooklyn,  thence  running  northwesterly  along  said  Borough  line 
to  the  point  of  beginning; 

c.  Beginning  at  a  point  on  the  borough  line  between  Queens  and 
Brooklyn  100  feet  north  of  the  northerly  side  of  Jamaica  ave., 
thence  running  easterly  100  feet  north  of  and  parallel  to  the  northerly 
side  of  Jamaica  ave.,  to  Brenton  ave.,  thence  running  southerly  across 
Jamaica  ave.  to  a  point  100  feet  south  of  the  southerly  side  thereof, 
thence  running  westerly  100  feet  south  of  and  parallel  to  the  southerly 
side  of  Jamaica  ave.  to  a  point  100  feet  east  of  the  easterly  side  of 
Roseville  ave.,  thence  running  southerly  100  feet  east  of  and  parallel 
to  the  easterly  side  of  Roseville  ave.  to  Mandsley  st.,  thence  running 
westerly  across  Roseville  ave.  to  a  point  100  feet  west  of  the  westerly 
side  thereof,  thence  running  northerly  100  feet  west  of  and  parallel 
to  the  westerly  side  of  Roseville  ave.  to  a  point  100  feet  south  of  the 
southerly  side  of  Jamaica  ave.,  thence  running  westerly  100  feet 
south  of  and  parallel  to  the  southerly  side  of  Jamaica  avenue  to  the 
boundary  line  between   the  boroughs  of  Queens  and   Brooklyn, 
thence  running  northerly  along  said  boundary  line  to  the  place  of 
beginning; 

d.  Beginning  at  a  point  on  the  centre  line  of  Madison  street, 
Flushing,  100  feet  west  of  the  westerly  side  of  Main  street,  thence 
running  northerly  100  feet  west  of  and  parallel  to  the  westerly  side  of 
Main  street  to  Jackson  ave.,  thence  running  easterly  along  the  centre 
line  of  Jackson  ave.  to  a  point  100  feet  east  of  the  easterly  side  of 
Main  street,  thence  running  southerly  100  feet  east  of  and  parallel  to 
the  easterly  side  of  Main  street  to  Madison  street,  thence  running 
westerly  along  the  centre  line  of  Madison  street  to  the  point  of 
beginning. 

e.  (See  page  579). 

The  erection  of  a  frame  dwelling  in  a  manner  forbidden  by  the  ordinance,  does 
not  give  private  citizen  right  to  an  injunction  unless  special  injury  to  him  be  shown. 
Young  v.  Scheu,  56  Hun,  307.  Wooden  building  created  vested  right,  which  can- 
not be  revoked  by  ordinance.  City  of  Buffalo  v.  Chodeoyne,  45  St.  Rep.  765. 

§91.  Suburban  limits. — Except  as  otherwise  specifically^  provided 
in  this  chapter,  no  frame  or  wood  structure  shall  be  built  hereafter 
within  the  following  areas  or  limits  hereinafter  referred  to  as  "Subur- 
ban Limits,"  and  it  shall  be  unlawful  to  maintain,  occupy  or  use  any 
such  structure  erected  in  violation  of  any  of  the  provisions  of  this 
ordinance,  provided,  however,  that  nothing  herein  contained  shall 
prevent  the  erection,  maintenance  or  occupancy  of  any  frame  build- 
ing to  be  used  exclusively  for  residence  purposes  with  not  more  than 
15  sleeping  rooms  and  covering  not  more  than  85  per  cent,  of  the 
width  of  the  lot  or  plot  on  which  it  is  erected,  and  maintaining  on 
at  least  one  side  an  open  space  or  open  spaces  as  may  be  necessary 
to  preserve  such  restriction,  or  of  any  one-story  frame  stable  or 
garage  not  exceeding  600  square  feet  in  area  or  15  feet  in  height 
and  erected  on  the  same  plot  with  a  one  or  two-family  building  and 
maintained  on  all  sides  at  least  4  feet  from  any  lot  line. 

1.  In  the  borough  of  Manhattan,  all  that  portion  of  the  borough 
not  included  in  the  fire  limits. 

2.  In  the  borough  of  The  Bronx,  all  that  portion  of  the  borough 
lying  between  the  fire  limits  and  the  following  boundaries: 

Beginning  at  the  Hudson  river  and  running  easterly  along  the 
boundary  line  between  the  borough  of  The  Bronx  and  Westchester 


BUILDING  CODE  71 

county  to  a  point  100  feet  east  of  the  easterly  side  of  Barnes  avenue,  thence 
southerly  100  feet  east  of  and  parallel  to  the  easterly  side  of  Barnes  avenue 
to  a  point  100  feet  east  of  the  easterly  side  of  Bronxwood  avenue,  continu- 
ing southerly  100  feet  east  of  and  parallel  to  the  easterly  side  of  Bronxwood 
avenue  to  a  point  100  feet  south  of  the  southerly  side  of  Adee  avenue, 
thence  easterly  100  feet  south  of  and  parallel  to  the  southerly  side  of 
Adee  ave.  to  a  point  100  feet  east  of  the  easterly  line  of  Lacpnia  ave., 
thence  southerly  100  feet  east  of  and  parallel  to  the  easterly  side  of  La- 
conia  ave.  to  a  point  100  feet  south  of  the  southerly  side  of  Waring 
avenue,  thence  easterly  100  feet  south  of  and  parallel  to  the  southerly 
side  of  Waring  avenue  to  the  centre  of  Givan's  basin,  thence  southeasterly 
and  easterly  along  the  centre  line  of  Givan's  basin  to  Eastchester  creek, 
thence  southeasterly  and  southerly  through  Eastchester  crock  and 
Eastchester  bay  to  a  line  100  feet  south  of  and  parallel  with  the  south- 
erly side  of  Waterbury  ave.,  thence  westerly  along  a  line  running  100 
feet  south  of  and  parallel  to  the  southerly  side  of  Waterbury  ave.  to 
Westchester  creek,  thence  southerly  along  the  center  line  of  West- 
chester  creek  to  a  point  100  feet  south  of  the  southerly  side  of  Lafayette 
avenue,  thence  westerly  100  feet  south  of  and  parallel  to  the  south- 
erly side  of  Lafayette  avenue  to  a  point  100  feet  west  of  the  westerly 
side  of  White  Plains  road,  thence  northerly  100  feet  west  of  and  parallel 
to  the  westerly  side  of  White  Plains  road  to  a  point  100  feet  south 
of  the  southerly  side  of  Watson  avenue,  thence  westerly  100  feet  south 
of  and  parallel  to  the  southerly  side  of  Watson  avenue  to  the  Bronx 
river. 

Excepting  that  portion  of  the  borough  lying  within  the  following 
described  area:  Beginning  at  a  point  at  the  interesection  of  the  centre 
line  of  the  Bronx  River,  100  feet  south  of  Walker  avenue  (formerly 
West  Farms  road),  running  easterly  along  the  southerly  line  of  E.  177th 
street  to  the  right  of  way  of  the  New  York,  New  Haven  and  Hartford 
Railroad;  thence  southerly  along  the  west  side  of  the  right  of  way  of 
New  York,  New  Haven  and  Hartford  Railroad  to  the  northerly  side  of 
E.  174th  street;  thence  westerly  along  the  north  side  of  E.  174th  street 
to  the  centre  line  of  the  Bronx  River;  thence  northerly  along  the  centre 
line  of  the  Bronx  River  to  the  point  or  place  of  beginning. 

Adopted  March  27,  1917.     Became  effective  April  10,  1917. 

3.  In  the  borough  of  Brooklyn,  all  that  portion  of  the  borough  lying 
between  the  fire  limits  and  the  following  boundaries:  Beginning  at 
the  Atlantic  Ocean  on  a  line  100  feet  east  of  and  parallel  to  the  easterly 
side  of  Ocean  parkway,  running  thence  northerly  100  feet  east  of  and 
parallel  to  the  easterly  side  of  Ocean  parkway,  to  a  point  100  feet  south 
of  the  southerly  side  of  Neptune  ave.;  thence  easterly  100  feet  south  of 
and  parallel  to  the  southerly  side  of  Neptune  avenue,  to  a  point  100  feet 
east  of  the  easterly  side  of  Coney  Island  avenue;  thence  southerly  100 
feet  east  of  and  parallel  to  the  easterly  side  of  Coney  Island  avenue,  to 
the  Atlantic  Ocean;  thence  easterly  along  the  line  up  to  the  Atlantic 
Ocean  to  a  point  100  feet  east  of  the  easterly  side  of  Thornhill  street 
(Manhattan  Beach  Estates),  running  thence  northerly  100  feet  east  of 
and  parallel  to  the  easterly  side  of  Thornhill  street,  continuing  across 
Shcepshead  bay  till  it  intersects  with  a  line  drawn  100  feet  north  of  and 
parallel  to  the  northerly  side  of  Emmons  avenue,  thence  westerly  100 
feet  north  of  and  parallel  to  the  northerly  side  of  Emmons  avenue  to  a 
point  100  feet  east  of  the  easterly  side  of  Batchelder  street,  thence 
northerly  100  feet  east  of  and  parallel  to  the  easterly  side  of  Batchelder 
street  to  a  point  100  feet  north  of  the  northerly  side  of  Avenue  Z,  thence 
westerly  100  feet  north  of  and  parallel  to  the  northerly  side  of  Avenue  Z 
to  a  point  100  feet  east  of  the  easterly  side  of  Ocean  avenue;  thence 
northerly  100  feet  east  of  and  parallel  to  the  easterly  side  of  Ocean  avenue 
to  a  point  100  feet  south  of  the  southerly  side  of  Avenue  1T,  thence 
easterly  100  feet  south  of  and  parallel  to  the  southerly  side  of  Avenue 


72  CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK 

U  to  a  point  100  feet  east  of  the  easterly  side  of  Nostrand  avenue,  thence 
northerly  100  feet  east  of  and  parallel  to  the  easterly  side  of  Nostrand 
avenue  to  a  point  100  feet  south  of  the  southerly  side  of  Avenue  N, 
thence  easterly  100  feet  south  of  and  parallel  to  the  southerly  side  of 
Avenue  N,  to  a  point  100  feet  west  of  the  westerly  side  of  East  35th 
street,  thence  southeasterly  100  feet  southwest  of  and  parallel  to  the 
southwesterly  side  of  E.  35th  street  to  a  point  100  feet  southeast  of  the 
southeasterly  side  of  Flatlands  ave.,  thence  northeasterly  100  feet 
southeast  of  and  parallel  to  the  southeasterly  side  of  Flatlands  ave.  to  a 
point  100  feet  east  of  the  easterly  side  of  Schenectady  avenue,  thence 
northerly  100  feet  east  of  and  parallel  to  the  easterly  side  of  Schenectady 
avenue  to  a  point  100  feet  south  of  the  southerly  side  of  Clarendon  road, 
thence  easterly  100  feet  south  of  and  parallel  to  the  south  side  of  Claren- 
don road  to  a  point  100  feet  southeast  of  the  southeasterly  side  of  Dit- 
mas  avenue,  thence  northeasterly  100  feet  southeast  of  and  parallel  to 
the  southeasterly  side  of  Ditmas  avenue  to  a  point  100  feet  northeast  of 
the  northeasterly  side  of  East  98th  street,  thence  northwesterly  100  feet 
northeast  of  and  parallel  to  the  northeasterly  side  of  East  98th  street  to 
a  point  100  feet  south  of  the  southerly  side  of  Vienna  ave.,  thence  easterly 
100  feet  south  of  and  parallel  to  the  southerly  side  of  Vienna  avenue  to  a 
point  100  feet  east  of  the  easterly  side  of  Fountain  avenue,  thence  nor- 
therly 100  feet  east  of  and  parallel  to  the  easterly  side  of  Fountain  avenue 
to  a  point  100  feet  south  of  the  southerly  side  of  Sutter  avenue,  thence 
easterly  100  feet  south  of  and  parallel  to  the  southerly  side  of  Sutter 
avenue  to  the  boundary  line  of  Queens  borough. 

Excepting,  however,  the  premises  beginning  at  the  Atlantic  Ocean 
at  the  easterly  side  of  Ocean  Avenue,  running  thence  northerly  along 
the  easterly  side  of  Ocean  Avenue  to  Oriental  Boulevard,  thence  easterly 
along  the  southerly  side  of  Oriental  Boulevard  to  the  westerly  side  of 
Irwin  Street;  thence  southerly  along  the  westerly  side  of  Irwin  Street 
to  the  Atlantic  Ocean;  thence  along  the  Atlantic  Ocean  to  the  point  of 
beginning. 

Adopted  January  1,  1917.    Approved  January  12,  1917. 

§  92.  Enlarging  buildings. — Except  as  otherwise  specifically  provided 
in  this  chapter,  or  as  the  same  shall  be  amended  from  time  to  time, 
no  existing  frame,  wood  or  other  combustible  structure  shall  be  enlarged 
within  the  fire  limits,  or  suburban  limits,  except  in  conformity  with 
the  provisions  of  this  chapter  with  respect  to  new  structures. 

§  93.  Repair  of  damaged  buildings.  1.  When  prohibited. — Within 
the  fire  limits  any  existing  frame,  wood,  or  other  combustible  struc- 
tures which,  in  the  judgment  of  the  superintendent  of  buildings  of  the 
borough,  may  be  damaged  from  any  cause  whatsoever  to  an  amount 
greater  than  one-half  of  the  value  thereof  exclusive  of  the  foundations 
or  may  be  in  need  of  structural  repairs  to  an  amount  greater  than  one- 
half  of  its  value  exclusive  of  the  foundations,  shall  not  be  repaired  or 
rebuilt,  but  shall  be  taken  down. 

2.  Surveys. — In  case  the  owner  or  owners  of  the  structure  which 
may  be  damaged  or  in  need  of  repairs  shall  be  dissatisfied  with  the 
decision  of  the  superintendent  of  buildings  as  to  the  extent  of  such  dam- 
age or  need  of  repairs,  then  the  amount  or  extent  of  such  damage  or 
required  repairs  shall  be  determined  by  competent  surveyors,  one  ap- 
pointed by  the  superintendent  of  buildings,  one  by  the  owner  or  owners 
of  the  structure  and,  in  case  these  two  do  not  agree,  one  selected  by  them 
jointly.  The  report  of  the  surveyors  shall  be  reduced  to  writing  and, 
when  signed  by  any  two  of  them,  shall  be  conclusive.  No  building  ths 
subject  of  survey  shall  be  in  any  manner  repaired,  altered  or  rebuilt 
until  after  the  decision  of  the  surveyors  shall  have  been  rendered. 

§  94.  Moving  buildings. — No  frame,  wood  or  other  combustible  struc- 
ture shall  be  moved  from  without  to  within  the  fire  limits.  (Ord.  eff. 
June  22,  1915.) 


BUILDING   CODE  73 

§  95.  Buildings  in  process  of  construction. — Nothing  herein  con- 
tained shall  prevent  the  erection  or  completion  of  a  frame  structure 
for  which  a  permit  has  been  lawfully  issued  at  the  tune  this  ordinance 
shall  take  effect  within  such  portions  of  the  fire  limits  as  were  not 
heretofore  included  within  the  fire  limits  of  the  city;  provided  the 
work  thereon  shall  be  diligently  prosecuted  so  that  the  structure 
shall  be  completed  within  15  months  after  the  passage  of  this  ordi- 
nance. 

In  case  any  such  structure  shall  not  be  completed  within  the  said 
period  the  holder  of  the  permit  therefor  shall  be  deemed  to  have 
forfeited  all  rights  and  privileges  thereunder  and  the  uncompleted 
building  or  structure  shall  be  taken  down  and  removed  within  60 
days  after  the  date  of  the  forfeiture  of  such  permit. 

§  96.  Frame  buildings  permitted. — If  any  block  situated  within  the 
fire  limits  has  90  per  cent,  of  the  buildings  erected  thereon  con- 
structed of  frame,  any  vacant  lot  situated  therein  may  have  a  frame 
building  placed  or  constructed  thereon,  provided  the  same  be  not 
more  than  2  stories  and  basement  in  height  and  is  to  be  used  for 
residence  purposes  only.  (Ord.  app.  Aug.  14,  1914.) 

ARTICLE  6 

HEIGHT,   SIZE   AND   ARRANGEMENT 

Sec.  110. v 

ARTICLE  7 

LIGHT  AND   VENTILATION 

(Added  by  ord.  effective  Dec.  28 1  1916) 

Sec.  130.  Rooms  in  residence  buildings. 

§  131.  Rooms  in  business  buildings. 

§  132.  Rooms  in  public  buildings. 

§  133.  Bathrooms  and  water-closet  compartments. 

§  134.  Windows. 

§135.  Courts. 

§  136.  Buildings  on  same  plot. 

§  137.  Alterations. 

Sec.  130.  Rooms  in  residence  'buildings.  1.  Windows  required. — Ex- 
cept as  otherwise  provided  in  this  article  or  by  any  other  law.  every 
living  room  in  every  residence  building  hereafter  erected  shall  have 
one  or  more  windows  opening  directly  upon  a  street  or  other  open 
public  space,  or  upon  a  court  located  upon  the  same  lot  or  plot  as 
the  building  and  conforming  to  the  requirements  of  this  article  for 
courts,  provided  that  the  width  of  such  street  or  open  public  space 
is  not  less  than  required  by  this  article  for  courts. 

2.  Size  of  rooms.  Every  such  room  shall  be  not  less  than  6  feet 
wide  in  any  part,  and  shall  contain  not  less  than  60  square  feet  of 
d<>;ir  floor  area,  and  the  clear  height  for  this  minimum  floor  area  shall 
be  not  less  than  8  feet. 


74  CODE   OP   ORDINANCES   OP  THE   CITY   OP  NEW   YORK 

3.  Alcove  rooms.  Nothing  in  this  section  shall  prohibit,  in  resi- 
dence buildings  occupied  by  not  more  than  two  families,  rooms  with- 
out windows  as  prescribed  by  subdivision  1  of  this  section,  provided 
that  every  such  room  opens  without  obstruction  directly  into  another 
room  which  has  one  or  more  windows  having  an  aggregate  area 
between  stop  beads  of  not  less  than  24  square  feet  and  opening  to 
the  outer  air  as  prescribed  in  subdivision  1  of  this  section,  and  that 
the  opening  between  such  rooms  is  not  less  than  60  square  feet  in 
area. 

§  131.  Rooms  in  business  buildings. — Except  as  otherwise  pro- 
vided in  this  article,  every  room  in  every  business  building  hereafter 
erected,  other  than  rooms  specifically  provided  for  by  the  Labor  Law, 
shall,  unless  ventilated  by  windows  opening  directly  upon  a  streetj 
or  other  open  public  space,  or  upon  a  court  located  on  the  same  lot 
or  plot  as  the  building  and  conforming  to  the  requirements  of  this 
article  for  courts,  be  provided  with  approved  means  of  ventilation 
consisting  of  transoms  or  similar  devices  opening  into  rooms  venti- 
lated directly  to  the  outer  air  or  of  other  methods  capable  of  main- 
taining a  carbon  dioxide  content  of  the  air  of  not  more  than  one  part 
in  one  thousand,  provided  that  this  requirement  shall  not  apply 
to  breweries  or  charging  rooms,  or  other  rooms  where  high  quantities 
of  carbon  dioxide  are  an  unavoidable  concomitant  of  the  use  to  which 
the  room  is  put,  or  to  rooms  used  exclusively  for  storage  purposes, 
and  provided  further  that  the  requirements  of  this  section  shall  not 
apply  to  rooms  in  which  the  unoccupied  space  exceeds  500  cubic 
feet  for  each  occupant. 

§  132.  Rooms  in  public  buildings. — Except  as  otherwise  provided  in 
this  article  or  by  any  other  law  or  ordinance,  every  room  in  every 
public  building  hereafter  erected  shall  be  equipped  with  some  ap- 
proved system  of  positive  ventilation  which,  during  occupancy, 
will  provide  not  less  than  2  cubic  feet  of  fresh,  uncontaminated  air 
per  minute  for  each  square  foot  of  floor  surface,  unless  the  unoccupied 
space  of  such  rooms  exceeds  1000  cubic  feet  for  each  occupant  and 
windows  are  provided  opening  directly  upon  a  street  or  other  open 
public  space,  or  upon  a  court  located  on  the  same  lot  or  plot  as  the 
building  and  conforming  to  the  requirements  of  this  article  for 
courts. 

§  133.  Bathrooms  and  water-closet  compartments. — Every  bathroom, 
toilet  room  or  other  room  containing  one  or  more  water-closets  or 
urinals,  hereafter  placed  in  any  building,  shall  be  ventilated  in  at 
least  one  of  the  following  waysr 

a  By  a  window,  opening  to  the  outer  air  as  prescribed  in  sub- 
division 1  of  §  130  and  having,  between  stop  beads,  an  area  of  not 
less  than  10  per  cent,  of  the  floor  area  nor  less  than  3  square  feet 
in  any  case  and  a  width  of  not  less  than  1  foot; 

b.  By  a  window  of  the  size  specified  in  a,  opening  on  a  vent  shaft 
which  extends  to  and  through  the  roof  or  into  a  court  conforming 
to  the  requirements  of  this  article  for  courts  and  which  has  a  cross- 
sectional  area  of  not  less  than  Vs  of  a  square  foot  for  every  foot  of 
height,  but  not  less  than  9  square  feet  in  any  case,  and,  unless  open 
to  the  outer  air  at  the  top,  a  new  area  of  louvre  openings  in  the 
skylight  equal  to  the  maximum  required  shaft  area; 

c.  By  an  individual  vent  flue  or  duct  extending  independently 


BUILDING   CODE  75 

of  any  other  flue  or  duct,  to  and  above  the  roof  and  having  a  cross- 
sectional  area  of  not  less  than  1  square  foot  for  2  or  less  water-closets 
or  urinal  fixtures  and  Vs  of  a  square  foot  additional  for  each  additional 
water-closet  or  urinal  fixture; 

d.  By  a  skylight  in  the  ceiling,  having  a  glazed  surface  of  not  less 
than  3  square  feet  and  arranged  so  as  to  provide  ventilating  openings 
of  not  less  than  3  square  feet  to  the  outer  air  above  the  roof  of  the 
building  or  into  a  court  conforming  to  the  requirements  of  this  article 
for   courts,  for  2   or  less  water-closets   or  urinal  fixtures   and  2 
square  feet  additional  for  each  additional  water-closet  or  urinal 
fixture;  or 

e.  By  some  approved  system  of  mechanical  exhaust  ventilation 
of  sufficient  capacity  to  provide  not  less  than  4  changes  of  air  per 
hour. 

§  134.  Windows. — All  windows,  except  windows  provided  for  in 
§  133  of  this  article,  placed  in  any  room  of  a  residence  building 
hereafter  erected  for  the  purpose  of  complying  with  the  requirements 
of  this  article,  shall  have  an  aggregate  area  between  stop  beads  of 
not  less  than  Vio  of  the  floor  area  of  the  room  served  thereby.  Such 
windows  shall  be  so  arranged  that  when  fully  opened  the  total  open 
space  shall  not  be  less  than  50  per  cent,  of  the  total  required  window 
space. 

§  135.  Courts. — In  every  building  hereafter  erected  every  court 
provided  under  the  provisions  of  this  article  for  the  lighting  and 
ventilation  of  any  room  shall  have  a  width  at  every  point  of  not 
less  than  1  inch  for  every  foot  that  such  point  is  distant  from  the 
lowest  part  of  such  court,  but  not  less  than  4  feet  in  any  case.  Every 
such  court  shall  be  open  and  Unobstructed  for  the  required  widths 
from  its  lowest  point  to  the  sky,  except  for  the  ordinary  projections 
of  window  sills,  belt  courses  and  similar  ornamental  projections  to 
the  extent  of  not  more  than  4  inches.  When  a  court  is  located  along 
a  side  of  a  lot  or  plot  the  lot  line  shall  be  deemed  an  enclosure  of  such 
court,  except  that  when  a  court  opens  on  a  street  or  open  public  space, 
such  street  or  open  public  space  may  be  considered  as  part  of  that 
court. 

§  136.  Buildings  on  the  same  plot. — If  more  than  1  building  is  here- 
after placed  on  any  lot  or  plot,  or,  if  any  building  is  placed  on  the 
same  lot  or  plot  with  an  existing  building,  the  several  buildings, 
may,  for  the  purposes  of  this  article,  be  considered  as  a  single  build- 
ing. Any  structure,  whether  independent  or  attached  to  a  building, 
shall  for  the  purposes  of  this  article,  be  deemed  a  building  or  part 
of  a  building. 

§  137.  Alterations. — No  building  shall  hereafter  be  altered  so  as 
to  reduce  either  the  size  of  any  room  or  the  amount  of  window  space, 
to  less  than  that  required  for  buildings  hereafter  erected,  or  so  as  to 
create  any  additional  room  or  rooms  unless  such  additional  room  is 
made  to  conform  to  the  requirements  for  rooms  in  buildings  here- 
after erected,  except  that  such  rooms  may  be  of  the  same  height  as 
existing  rooms  in  the  same  story.  No  building  shall  hereafter  be 
enlarged  nor  shall  the  lot  or  plot  on  which  it  is  located  be  diminished 
so  that  the  dimensions  of  any  court  required  for  light  or  ventilation 
as  in  this  article  provided,  shall  be  less  than  prescribed  for  buildings 
hereafter  erected. 


76  CODE    OF   ORDINANCES   OF   THE    CITY   OF   NEW   YORK 

ARTICLE  8 

EXIT  FACILITIES 

(Amended  by  ord.  effective  Dec.  28,  1915) 

Sec.  150.  Definitions. 

§  151.  Application  of  article. 

§152.  Exits. 

§  153.  Interior  stairs. 

§  154.  Exterior  stairways. 

§  155.  Fire  towers. 

§  156.  Horizontal  exits. 

§  157.  Hallways. 

§  158.  Doorways. 

§  159.  Miscellaneous  requirements. 

§  160.  Alterations. 

§  161.  Existing  buildings. 

§  162.  Fire  escapes. 

Sec.  150.  Definitions. — For  the  purpose  of  this  article. 

a.  A  floor  area  is  any  floor  space  enclosed  on  all  sides  by  either  the 
exterior  walls,  fire  walls,  or  fire  partitions; 

b.  A  stair  exit  is  a  direct  connection  of  any  floor  area  to  a  stairway 
constructed  in  accordance  with  the  requirements  of  this  article  for 
required  stairs; 

c.  A  horizontal  exit  is  the  connection  of  any  two  floor  areas, 
whether  in  the  same  building  or  not',  by  means  of  a  vestibule,  or  by 
an  open  air  balcony  or  bridge,  or  through  a  fire  partition  or  fire  wall ; 

d.  The  term  "  sprinklered "  means  equipped  with  an  approved 
system  of  automatic  sprinklers  throughout  the  building,  and  the 
term  "  unsprinklered  "  means  not  so  equipped. 

§  151.  Application  of  article. — Unless  otherwise  specifically  stated 
in  this  article,  the  provisions  thereof  shall  apply  to  buildings,  here- 
after erected,  except  tenement  houses  coming  under  the  provisions 
of  the  Tenement  House  Law,  factories  coming  under  the  provisions 
of  the  Labor  Law,  motion-picture  theatres  coming  under  the  provi- 
sions of  article  24  of  this  chapter,  theatres  and  other  places  of  amuse- 
ment coming  under  the  provisions  of  article  25  of  this  chapter,  and 
residence  buildings  occupied  exclusively  by  1  or  2  families  or  having 
not  more  than  15  sleeping  rooms. 

§  152.  Exits.  1.  Kind. — Every  building  hereafter  erected  shall 
have  one  or  more  exits  as  required  in  this  section,  consisting  of  in- 
terior or  exterior  stairs,  fire  towers,  or  horizontal  exits,  constructed 
and  arranged  as  specified  in  this  article,  with  the  necessary  hallways 
and  doorways. 

2.  Number  of  occupants.  For  the  purposes  of  this  article,  when 
the  number  of  persons  to  be  accommodated  by  the  exits  is  not  stated 
in  the  application  for  a  permit  to  construct,  such  number  of  persons 
within  any  floor  area  shall  be  taken,  according  to  the  use  of  such 
floor  area,  as  one  person. 

a.  For  every  10  square  feet  in  dance  halls,  lodge  rooms  and  places 
of  assembly; 


BUILDING    CODE  77 

b.  For  every  15  square  feet  in  court  rooms,  restaurants  and  class- 
rooms in  schools  and  colleges; 

c.  For  every  25  square  feet  in  stores,  markets,  lodging  houses  and 
reading  rooms; 

d.  For  every  32  square  feet  in  workrooms; 

e.  For  every  50  square  feet  in  offices  and  show  rooms; 

f.  For  every  100  square  feet  in  hospitals,  hotels,  asylums,  fur- 
nished room  houses,  studios  and  other  residence  buildings; 

g.  For  every  150  square  feet  in  warehouses  and  garages. 

It  shall  be  unlawful  to  occupy  any  floor  area  by  a  greater  number 
of  persons  than  that  for  which  exits  have  been  provided  in  accord- 
ance with  this  article. 

3.  Number,    a.  From  rooms.    Every  room  having  an  occupancy 
of  more  than  75  persons  shall  have  at  least  2  doorways,  remote  from 
each  other,  leading  to  an  exit  or  exits. 

b.  From  ground  floor.     Every  floor  area  having  direct  exit  by 
doorways  or  hallways  to  a  street  and  having  an  occupancy  of  more 
than  75  persons,  shall  have  at  least  2  means  of  exit. 

c.  From  floor  areas.    Every  other  floor  area  above  or  below  the 
ground  floor  shall  have  at  least  1  interior  stairway  or  fire  tower  con- 
nected thereto.    Every  such  floor  area  shall  have  at  least  1  addi- 
tional exit  when  it  exceeds  2500  square  feet  in  area. 

d.  Fire  towers  required.     In  business  buildings  exceeding  85  feet 
in  height,  at  least  1  stairway  shall  be  a  fire  tower,  provided  that  in 
sprinkled  buildings  in  which  2  or  more  stairways  are  required  under 
the  provisions  of  this  article,  such  fire  tower  shall  not  be  required 
unless  the  building  exceeds  125  feet  in  height. 

4.  Location.    Exits  shall  be  so  located  that  no  point  in  any  floor 
area  served  by  them  shall  be  more  than  100  feet  distant  along  the 
line  of  travel  from  an  exit,  except  that  when  any  floor  area  is  sub- 
divided into  smaller  areas,  such  as  rooms  in  hotels  and  office  build- 
ings, the  distance  from  the  door  of  any  such  room,  along  an  unob- 
structed hallway,  to  an  exit,  shall  not  be  more  than  125  feet.    Where 
more  than  1  exit  is  required  to  any  floor  area,  the  exits  shall  be  placed 
remote  from  each  other. 

5.  Stairway  exits.    Every  required  stairway  shall  lead  to  a  street. 
At  least  1  stairway  shall  continue  to  the  roof,  and  when  there  are 
more  than  2  stairways,  at  least  2  shall  continue  to  the  roof. 

6.  Engineers'    ladders.       Every    building,     including    tenement 
houses,  factories,  theatres  and  motion-picture  theatres,  in  which 
high  pressure  steam  boilers  are  placed  below  the  curb  level  shall 
have  stationary  iron  ladders  or  stairs  from  such  story  leading  directly 
to  a  manhole  through  the  widewalk  or  other  outside  exit,  unless  exit 
is  provided  by  an  enclosed  stairs  or  a  horizontal  exit. 

§  153.  Interior  stairs. — 1.  Construction,  a.  Strength.  All  stairs, 
platforms,  landings  and  stair  halls  shall  be  of  sufficient  strength  to 
safely  sustain  a  live  load  of  not  less  than  100  pounds  per  square  foot. 

b.  Materials.  All  stairs  and  stairways  serving  an  exit  shall  be 
constructed  of  incombustible  material  throughout,  except  in  frame 
and  non-fireproof  buildings  not  exceeding  40  feet  in  height  and  occu- 
pied by  not  more  than  50  persons  above  the  first  story,  and  except 
when  the  stairs  are  enclosed  in  fireproof  partitions,  in  frame  and  non- 
fireproof  buildings  not  exceeding  50  feet  in  height. 


78  CODE    OF    ORDINANCES   OF   THE    CITY    OF   NEW   YORK. 

c.  Support  for  treads  and  landings.  When  treads  or  landing  are 
of  slate,  marble,  stone  or  composition,  they  shall  be  supported  for 
their  entire  length  and  width  by  a  solid  steel  plate  at  least  1-8  of  an 
inch  thick,  securely  fastened.  When  stairs  are  of  fireproof  construc- 
tion, the  treads  and  landings  may  be  solidly  supported  for  their  en- 
tire length  and  width  by  the  materials  of  which  such  stairs  are 
constructed.  The  treads  and  landings  shall  be  constructed  and  main- 
tained in  such  manner  as  to  prevent  persons  from  slipping  thereon. 

2.  When  to   be  enclosed,     a.  Fireproof  enclosures.     In  buildings 
exceeding  40  feet  in  height  or  occupied  by  more  than  50  persons 
above  the  first  story,  interior  required  stairways  shall  be  enclosed 
with  fireproof  partitions  or  walls  of  approved  masonry. 

b.  Non-fireproof  enclosures.     In  buildings  not  exceeding  40  feet 
in  height  and  occupied  by  not  more  than  50  persons  above  the  first 
story,  interior  required  stairways  which  are  not  enclosed  in  fireproof 
partitions  or  walls  of  approved  masonry  shall  be  enclosed  in  parti- 
tions of  wood  studs  firestopped  at  every  story  with  incombustible 
material,  and  wire-lathed  or  covered  with  approved  plaster  boards 
on  both  sides,  and  in  each  case  plastered  with  at  least  1-2  of  an  inch 
of  mortar  on  all  exposed  surfaces,  or  of  other  approved  equally  slow- 
burning  material  and  construction. 

c.  Stairs  of  ornamental  character.     Nothing  in  this  section  shall 
require  the  enclosure  of  the  flight  of  a  required  stairs,  when  orna- 
mental in  character,  from  the  main  entrance  floor  to  the  floor  next 
above,  provided  that  such  stairs  are  not  the  only  required  stairs, 
that  all  other  required  stairs  in  the  same  story  are  enclosed  as  in  this 
section  prescribed,  and  that  some  other  required  stairs  is  accessible 
from  the  upper  part  of  the  stairs  in  question. 

d.  Open  stair  wells.    Except  as  in  this  section  otherwise  provided, 
not  more  than  2  stories  in  any  building  shall  be  connected  by  an 
open  well  or  unenclosed  stairway. 

e.  Openings  in  enclosures.    No  openings  shall  be  permitted  in  the 
stair  enclosures  required  by  this  section,   other  than  doorways, 
and  such  windows  as  are  necessary  for  proper  lighting.    The  doorways 
shall  be   equipped  with   approved   self-closing  fire  doors,   except 
that  in  non-fireproof  enclosures,  substantial  self-closing  hardwood, 
metal  or  metal  covered  doors  may  be  used.    Windows,  opening  on 
the  interior  of  the  building,  shall  be  stationary  fire  windows. 

3.  Width. — No  stair  or  stairway  required  by  this  article  as  an  exit 
shall  have  an  unobstructed  width  of  less  than  44  inches  throughout 
its  length,  except  that  hand-rails  may  project  not  more  than  3% 
inches  into  such  width.     The  aggregate  width  of  stairs  in  any  story 
of  the  building  shall  be  such  that  the  stairs  or  the  stairways  may 
accommodate  at  one  time  the  total  number  of  persons  ordinarily 
occupying  or  permitted  to  occupy  the  largest  floor  area  served  by 
such  stairs  or  stairways  above  the  flight  or  flights  of  stairs  under 
consideration,  on  the  basis  of  1  person  for  each  full  22  inches  of  stair 
width  and  1 J^  treads  on  the  stairs,  and  1  person  for  each  3^  square 
feet  of  floor  area  on  the  landings  and  halls  within  the  stairway,  pro- 
vided that  the  number  of  persons  to  be  accommodated  as  herein 
provided  may  be  assumed  at  l/2  oi  such  total  number  of  persons 
ordinarily  occupying  or  permitted  to  occupy  any  floor  area  when  the 
building  is  sprinkled  and  at  ]/3  of  such  total  number  when  a  hori- 


BUILDING   CODE  79 

zontal  exit  is  provided  in  accordance  with  this  article,  and  at  J^  of 
such  total  number  when  the  building  is  sprinkled  and  a  horizontal 
exit  is  provided. 

4.  Treads  and  risers. — Except  where  winders  are  permitted  the 
treads  and  risers  of  stairs  shall  be  so  proportioned  that  the  product 
of  the  tread,  exclusive  of  nosing,  and  the  riser,  in  inches,  shall  be  not 
less  than  70  nor  more  than  75,  but  risers  shall  not  exceed  7%  niches 
in  height,  and  treads,  exclusive  of  nosing,  shall  be  not  less  than  9^ 
inches  wide.     Treads,  other  than  winding  treads,  and  risers,  shall 
be  of  uniform  width  and  height  in  any  one  flight.     The  use  of  winders 
is  prohibited,  except  for  stairs  of  an  ornamental  character,  having 
a  width  of  not  less  than  5  feet.     The  treads  of  winders,  exclusive  of 
the  nosings,  shall  have  a  width  of  not  less  than  7  inches  at  any  point 
nor  more  than  10  inches  average  width. 

5.  Landings. — No  flight  of  stairs  shall  have  a  vertical  rise  of  more 
than  12  feet  between  floors  or  landings,  provided  that  in  stairs  serving 
as  an  exit  from  places  of  assembly  such  vertical  rise  shall  not  exceed 
8  feet.     The  distance  between  risers  on  landings  in  straight  runs 
of  stairs  shall  be  not  less  than  44  inches. 

6.  Hand  rails. — Stairs  shall  have  walls  or  well  secured  balustrades 
or  guards  on  both  sides,  and  shall  have  hand-rails  on  both  sides. 
When  the  required  width  of  a  flight  of  stairs  exceeds  88  inches,  an 
intermediate  hand-rail,  continuous  between  landings,  substantially 
supported  and  terminating  at  the  upper  end  in  newels  or  standards 
at  least  6  feet  high,  shall  be  providecf 

7.  Space  under  stairs. — The  space  under  any  stairs  built  in  whole 
or  in  part  of  combustible  materials  shall  be  left  entirely  open  and 
kept  clear  and  free  from  encumbrance. 

§  154.  Exterior  stairtvays. — Required  stairs  which  may  be  per- 
mitted on  the  outside  of  a  building  shall  be  constructed  of  incom- 
bustible materials  and  shall  conform  in  other  respects,  except  as  to 
enclosure,  to  the  requirements  of  this  article  for  interior  stairs.  Ex- 
terior stairs  shall  be  connected  to  each  story  which  they  serve  by 
means  of  self-closing  fire  doors.  Doors  and  windows  opening  on 
such  stairs  shall  be  protected  by  approved  self-closing  fire  doors  or 
automatic  fire  windows.  Metal  mesh  or  other  rigid  guards  at  least 
6  feet  high  shall  be  provided  on  each  unenclosed  side  of  such  stair- 
ways throughout. 

§  155.  Fire  towers. — Interior  stairways  constructed  and  arranged 
as  follows  shall  be  known  as  fire  towers.  The  enclosing  walls  shall 
be  of  brick  or  reinforced  concrete  not  less  than  8  inches  thick,  and 
without  openings,  except  for  doors  or  windows  opening  on  a  street, 
or  on  a  yard  or  court  not  less  than  100  square  feet  in  area.  Access 
to  the  stairway  shall  be  provided  at  each  story  served  by  a  fire  tower 
through  outside  balconies  or  fireproof  vestibules  having  solid  floors 
of  incombustible  materials  and  provided  with  substantial  railings. 
Such  balconies  or  vestibules  shall  be  level  with  the  floors  of  the 
building  and  platforms  of  the  stairs  connected  by  them,  and  shall 
be  separated  therefrom  by  self-closing  fire  doors.  The  clear  width 
of  such  connecting  balconies  and  vestibules  shall  be  not  less  than 
that  required  for  a  hallway.  The  stairs  in  fire  towers  shall  comply 
in  all  respects  with  the  requirements  of  this  article  relating  to  in- 
terior stairs. 


80  CODE    OF    ORDINANCES   OF   THE    CITY    OF   NEW   YORK 

§  156.  Horizontal  exits.— No  horizontal  exit  shall  be  deemed  satis- 
factory under  this  article  unless  the  floor  area  on  either  side  of  such 
horizontal  exit  is  sufficient  to  hold  the  joint  occupancy  of  both  floor 
areas,  allowing  not  less  than  3}^  square  feet  of  clear  floor  space  per 
person,  and  at  least  one  interior  stairway  or  fire  tower  conforming  to 
the  requirements  of  this  article  is  provided  on  each  side  of  such 
horizontal  exit.  When  vestibules  or  open  air  balconies  are  used 
they  shall  conform  to  the  requirements  for  vestibules  or  open  air 
balconies  or  fire  towers.  When  bridges  are  used  they  shall  be  con- 
structed of  incombustible  material.  All  doorways  or  windows  open- 
ing on  such  vestibules,  balconies  or  bridges  shall  be  equipped  with 
self-closing  fire  doors  or  automatic  fire  windows.  Where  there  is  a 
difference  in  level  between  the  connected  floor  areas,  gradients  shall 
be  provided  of  not  more  than  1  foot  in  10  feet. 

§  157.  Hallways. — When  serving  as  an  exit  from  or  in  connection 
with  one  or  more  stairways,  the  clear  width  of  any  hallway  or  pas- 
sageway shall  be  not  less  than  the  aggregate  required  clear  width  of 
all  stairs  leading  to  it.  The  clear  width  of  every  hallway  or  passage- 
way leading  to  an  exit  shall  be  not  less  than  44  inches  for  the  first  50 
persons  to  be  accommodated  thereby,  and  6  inches  additional  for 
each  additional  50  persons  or  fraction  thereof;  when  the  number  of 
persons  to  be  accommodated  thereby  is  less  than  50  the  clear  width 
of  such  hallway  or  passageway  shall  be  not  less  than  36  inches. 

§  158.  Doorways.  1.  Width. — The  aggregate  clear  width  of  door- 
ways serving  as  an  exit  from  any  room  or  floor  area  to  a  hallway, 
stairs  or  other  means  of  exit,  shall  be  not  less  than  36  inches  for  the 
first  50  persons  to  be  accommodated  thereby,  and  6  inches  additional 
for  each  additional  50  persons  or  fraction  thereof.  The  aggregate 
clear  width  of  doorways  serving  as  an  exit  from  any  stairway,  hall- 
way or  passageway,  shall  be  not  less  than  the  required  width  of  such 
stairway,  hallway  or  passageway.  No  single  exit  doorway  shall 
have  a  clear  width  of  less  than  30  inches,  provided  that,  when  the 
total  number  of  persons  to  be  accommodated  exceeds  50  the  clear 
width  shall  be  not  less  than  36  inches. 

2.  Hanging  of  Doors.     The  doors  of  any  doorway  required  by 
this  section  shall  be  so  hung  and  arranged  that  when  they  shall  not 
in  any  way  obstruct  the  required  width  of  hallway,  stairs,  or  other 
means  of  exit  and,  in  the  case  of  doorways  leading  directly  to  a 
street,  shall  not,  in  any  position,  project  more  than  18  inches  beyond 
the  building  line.    Doorways  serving  as  exits  to  a  street  from  required 
stairways  of  any  building,  or  to  a  yard,  court  or  open  passage- 
way communicating  with  a  street,  shall  have  the  doors,  including 
the  doors  of  vestibules,  so  hung  as  to  swing  outwards  when  open- 
ing; but  this  requirement  shall  not  be  construed  to  prohibit  the  use 
of  doors  swinging  both  inwards  and  outwards,  nor  of  sliding  doors 
in  stables  and  garages,  and  in  the  shipping  and  receiving  rooms  of 
business  buildings. 

3.  Door  fastenings. — The  fastening  on  any  exit  door  within  the 
scope  of  this  section  shall  be  such  that  the  door  may  be  readily 
opened  from  the  inside  without  the  use  of  keys,  provided  that  this 
requirement  shall  not  apply  to  the  doors  of  rooms  where  persons  are 
under  legal  restraint. 

§  159.  Miscellaneous  requirements.     1.  Exit  signs.— Ml  exits  from 


BUILDING   CODE  81 

floor  areas  accommodating  more  than  50  persons  shall  be  plainly 
marked  by  approved  exit  signs  and  red  lights. 

2.  Lighting. — Provision  shall  be  made  for  the  adequate  lighting 
by  artificial  light  of  all  stairways,  hallways  and  other  means  of  exit 
required  by  this  article. 

3.  Exits  to  be  kept  clear. — No  doorway,  hallway,  passageway,  stairs. 
or  other  means  of  exit,  required  by  this  article,  shall  be  obstructed 
or  reduced,  except  as  to  hand-rails,  beyond  its  required  width  in  any 
manner  whatsoever. 

§  160.  Alterations. — No  building  shall  hereafter  be  altered  so  as 
to  reduce  the  number  or  capacity  of  exits  to  less  than  required  for 
buildings  hereafter  erected-.  New  exits  hereafter  installed  in  any 
building  shall  be  installed  in  conformity  to  the  requirements  for 
exists  in  new  buildings,  unless  such  exits  are  installed  to  comply  with 
a  notice  issued  under  the  provisions  of  §  161  of  this  article. 

§  161.  Existing  buildings. — Every  building  now  existing  which  is 
not  provided  with  exit  facilities  as  prescribed  in  this  article  for  new 
buildings  and  in  which  the  exit  facilities  are  inadequate  for  the  safety 
of  the  occupants,  shall  be  provided  with  such  good  and  sufficient 
fire  escapes,  stairways,  or  other  means  of  egress  in  case  of  fire  as  shall 
be  directed  by  the  superintendent  of  buildings;  and  said  superin- 
tendent shall  have  authority  within  said  city  to  direct  fire  escapes 
and  other  means  of  egress  to  be  provided  upon  and  within  such  build- 
ings or  any  of  them,  except  as  may  be  otherwise  provided  by  law. 
If  the  owner  of  any  building  affected  by  any  order  issued  under  this 
section,  or  his  agent,  shall  within  48  hours,  Sundays  and  holidays 
excluded,  after  personal  service  of  such  order  has  been  made,  file 
with  the  superintendent  of  buildings  a  written  appeal  from  such 
order,  the  superintendent  of  buildings  shall  appoint  a  board  of  sur- 
vey, as  provided  for  in  §  633  of  this  chapter  for  unsafe  buildings, 
upon  whose  findings  a  new  order  shall  be  based  and  issued. 

§  162.  Fire  escapes.  1.  Construction. — All  fire  escapes  hereafter 
erected  shall  be  constructed  of  incombustible  materials  and  of  suffi- 
cient strength  to  safely  sustain  a  superimposed  load  of  100  pounds 
per  square  foot.  The  owner  or  lessee  of  any  building  upon  which 
a  fire  escape  is  erected  shall  keep  the  same  in  good  repair. 

2.  Incumbering  fire  escapes. — No  person  shall  at  any  time  place 
any  incumbrance  of  any  kind  whatsoever  before  or  upon  any  fire 
escape,  balcony  or  ladder. 

3.  Notice  against  incumbrances. — In  constructing  all  balcony  fire 
escapes,  the  manufacturer  thereof  shall  securely  fasten  thereto,  in  a 
conspicuous  place,  a  metal  plate  having  suitable  raised  letters  on  the 
same,  to  read  as  follows:  "Notice:  Any  person  placing  any  incum- 
brance on  this  balcony  is  liable  to  a  penalty  of  $10  and  imprison- 
ment for  10  days." 

4.  Duty  of  firemen  and  policemen. — Any  fireman  and  policemen  who 
shall  discover  any  fire  escape,  balcony  or  ladder  of  any  fire  escape 
incumbered  in  any  way  shall  forthwith  report  the  same  to  the  com- 
manding officer  of  his  company  or  precinct,  who  shall  forthwith 
cause  the  occupant  of  the  premises  or  apartment  to  which  said  fire 
escape,  balcony  or  ladder  is  attached,  or  for  whose  use  the  same  is 
provided,  to  be  notified,  either  verbally  or  in  writing,  to  remove 
such  incumbrance  and  keep  the  same  clear. 


82  CODE   OF   ORDINANCES   OF  THE   CITY   OF   NEW   YORK 

5.  Punishment  for  violations. — -If  said  notice  shall  not  be  complied 
with  by  the  removal  forthwith  of  such  incumbrance,  and  keeping 
said  fire  escapes,  balcony  or  ladder  free  from  incumbrance,  then  the 
said  commanding  officers  shall  apply  to  the  nearest  police  magis- 
trate for  a  summons  for  the  occupant  of  the  said  premises  or  apart- 
ment of  which  the  fire  escape  forms  a  part,  and,  on  conviction,  the 
said  occupant  shall  be  fined  not  more  than  $10  for  each  offense,  or 
may  be  imprisoned  not  to  exceed  10  days,  or  both,  in  the  discretion 
of  the  court. 

ARTICLE  9 

PROJECTIONS    BEYOND    BUILDING    LINE 

(Added  by  ord.  effective  Dec.  28,  1915} 

Sec.  170.  Restrictions. 

§  171.  Permits  revocable. 

§  172.  Alterations. 

§  173.  Existing  encroachments. 

§  174.  Action  of  board  of  estimate.1 

Sec.  170.  Restrictions.  1.  General. — Except  as  hereinafter  other- 
wise provided  in  this  article  no  part  of  any  building  hereafter 
erected,  or  of  any  enlargement  of  an  existing  building  shall  project 
beyond  the  building  line  so  as  to  encroach  upon  a  public  street  or 
public  space. 

2.  Projections  removable. — Any  part  of  a  building  permitted  to 
project  beyond  the  building  line  under  the  provisions  of  this  article 
shall  be  so  constructed  that  its  removal  may  be  made  at  any  time 
without  causing  the  building  or  any  part  thereof  to  become  structu- 
rally unsafe. 

3.  Structural  support. — No  part  of  any  building  hereafter  erected  or 
of  any  enlargement  of  an  existing  building  that  is  necessary  for  the 
structural  safety  of  the  building  or  an  enlargement  thereof  shall  pro- 
ject beyond  the  building  line  so  as  to  encroach  upon  a  public  street 
or  public  space,  but  this  shall  not  be  deemed  to  prohibit  the  projec- 
tion beyond  the  building  line  to  the  extent  of  not  more  than  12  inches 
of  the  footings  of  street  walls  provided  such  projecting  parts  of  foot- 
ings are  not  less  than  8  feet  below  the  sidewalk  level. 

4.  Permissible  projections. — a.  Areas,  meaning  thereby  open  spaces 
below  the  ground  level  immediately  outside  the  building  and  enclosed 
by  substantial  walls,  may  project  beyond  the  building  line  not  more 
than  1/15  of  the  width  of  the  street,  but  not  more  than  5  feet,  except 
where  entirely  prohibited  by  §  160  of  chapter  23  of  this  Code,  pro- 
vided, however,  that  every  such  area  shall  be  covered  over  at  the 
street  level  by  an  approved  grating  of  metal  or  other  incombustible 
material  of  sufficient  strength  to  carry  safely  the  pedestrian  street 
traffic. 

b.  Steps,  leading  up  or  down  at  entrances  and  included  between 
ornamental  columns,  pilasters  or  check  pieces  at  least  3  feet  high 

1  For  decisions  as  to  projections  and  encroachments  see  Chapter  23,  articles 
13  and  14. 


BUILDING   CODE  83 

on  the  sides  of  such  entrances,  may  project  beyond  the  building  line 
not  more  than  21A  per  cent,  of  the  width  of  the  street,  but  not  more 
than  18  inches  in  any  case,  except  where  prohibited  entirely  by  §  160 
of  chapter  23  of  this  Code,  provided  that  the  aggregate  width  of  such 
steps  shall  not  exceed  20  per  cent,  of  the  actual  street  frontage  of 
any  one  building,  when  such  frontage  is  25  feet  or  more  nor  more  than 
5  feet  when  such  frontage  is  less  than  25  feet. 

c.  Columns,  pilasters  and  ornamental  projections,  including  their 
mouldings  and  bases,  erected  purely  for  the  enhancement  of  the 
beauty  of  the  building  from  an  artistic  standpoint,  may  project 
beyond  the  building  line  not  more  than  2^  per  cent,  of  the  width 
of  the  street,  but  not  more  than  18  inches  in  any  case. 

d.  Balustrades  of  an  ornamental  character,  including  the  sills  and 
brackets  on  which  they  rest,  may  project  beyond  the  building  line 
not  more  than  5  per  cent,  of  the  width  of  the  street  nor  more  than 
22  inches  in  any  case,  provided  that  every  part  of  such  balustrade 
is  not  less  than  10  feet  above  the  sidewalk. 

e.  Mouldings,  belt  courses,  cornices,  lintels,  sills,  pediments  and 
similar  projections  of  a  decorative  character  may  project  beyond 
the  building  line  not  more  than  1%  per  cent,  of  the  width  of  the 
street  nor  more  than  10  inches  in  any  case. 

f.  The  main  cornice,  meaning  thereby  a  moulded  projection  at 
or  near  the  top  of  the  street  wall,  may  project  beyond  the  building 
line  not  more  than  5  per  cent,  of  the  width  of  the  street  nor  more 
than  5  feet  in  any  case,  provided  such  main  cornice  is  not  less  than 
12  feet  above  the  sidewalk  at  any  point. 

g.  Base  courses  may  project  beyond  the  building  line  not  more 
than  \l/i  per  cent,  of  the  width  of  the  street  nor  more  than  10  inches 
in  any  case,  provided  they  do  not  extend  more  than  5  feet  above  the 
highest  point  of  the  sidewalk. 

h.  Rustications  and  quoins  may  project  beyond  the  building  line 
not  more  than  4  inches. 

i.  Awnings  and  marquises,  extending  wholly  or  in  part  across  the 
sidewalk,  in  connection  with  entrances  to  buildings,  shall  be  not  less 
than  10  feet  above  the  sidewalk  at  all  points,  except  where  prohibited 
by  §  160  of  chapter  23  of  this  Code,  provided  they  are  constructed 
of  iron  and  glass  or  other  incombustible  materials,  and  securely 
supported  from  the  building,  and  are  properly  drained,  and  provided 
further  that,  except  on  streets  that  may  by  ordinance  be  designated 
as  market  streets,  no  awning  or  marquise  shall  extend  along  the 
street  wall  of  a  building  for  more  than  75  per  cent,  of  the  length  of 
such  wall,  nor,  in  any  case,  more  than  50  feet,  and  there  shall  be  a 
clear  distance  of  not  less  than  4  feet  between  any  two  awnings  on 
the  same  building. 

j.  Fire  escapes  and  balconies  to  fire  towers  or  other  required  exits, 
constructed  of  steel  or  other  incombustible  material,  when  required 
on  the  fronts  of  buildings,  may  project  beyond  the  building  line  not 
more  than  4^  feet,  but  no  part  of  such  fire  escapes  or  balconies  shall 
be  less  than  10  feet  above  the  sidewalk,  provided  that  nothing  in 
this  section  shall  prevent  the  use  of  movable  ladders  or  stairs  to  the 
sidewalk,  so  arranged  that  they  are  within  10  feet  of  the  sidewalk 
only  when  in  actual  use. 

k.  Vaults,  entirely  below  the  sidewalk  level  and  conforming  to 


84  CODE    OF   ORDINANCES   OF  THE    CITY   OF   NEW    YORK 

the  requirements  of  article  17,  chapter  23,  of  this  Code,  shall  not 
extend  beyond  the  curb  line.  Openings  in  the  roofs  of  vaults,  be- 
tween the  building  line  and  curb,  shall  be  provided  with  substantial 
covers,  flush  in  all  parts  with  the  sidewalk,  of  incombustible  material, 
and  so  constructed  and  maintained  as  to  be  normally  kept  closed 
and  when  open  thoroughly  safeguarded,  and  to  prevent  persons  from 
slipping  thereon. 

1.  Hose  connections  for  interior  fire  extinguishment  equipments 
and  fresh  air  inlets  for  plumbing  systems  may  project  through  a 
street  wall  not  more  than  12  inches  beyond  the  building  line,  except 
that  where  there  is  an  angle  formed  by  the  street  wall  and  a  check 
piece  or  the  base  of  a  column,  pilaster  or  ornamental  projection, 
provided  as  in  this  section  specified,  they  may  be  so  located  that  no 
part  extends  more  than  15  inches  from  either  side  of  such  angle. 

5.  Rules  governing  projections. — Nothing  in  this  article  shall  be 
deemed  to  abridge  the  powers  and  duties  of  the  borough  presidents 
or  the  commissioners  of  parks,  within  their  respective  jurisdictions, 
to  adopt  additional  rules  as  may  be  necessary  with  respect  to  the 
construction  or  disposition  of  parts  of  buildings  projecting  beyond 
the  building  line.  The  borough  presidents  or  commissioners  of  parks 
may,  when  deemed  necessary  or  desirable,  fix  further  restrictions 
as  to  the  extent  of  projections  beyond  the  building  line,  but  no  pro- 
jection greater  than  in  this  article  specified  shall  be  permitted, 

§  171.  Permits  revocable, — Any  permission,  express  or  implied,  to 
construct  part  of  a  building  so  as  to  project  beyond  the  building 
line,  under  the  provisions  of  this  article,  is  revocable  by  the  board 
of  aldermen  or  the  board  of  estimate  at  will. 

§  172.  Alterations. — No  alterations  or  enlargement  shall  be  made 
to  any  existing  part  of  a  building  now  projecting  beyond  the  building 
line,  except  in  conformity  with  the  provisions  of  this  article  so  far  as 
it  affects  new  construction. 

§  173.  Existing  encroachments. — Such  parts  of  buildings  which 
already  project  beyond  the  building  line  may  be  maintained  as  con- 
structed until  their  removal  is  directed  by  the  board  of  aldermen  or 
the  board  of  estimate,  provided,  however,  that  nothing  contained  in 
this  article  shall  be  deemed  to  abridge  the  right  of  the  city,  or  any  of 
its  officers,  to  continue  any  action  for  the  removal  of  any  unauthor- 
ized projection  beyond  the  building  line  or  for  the  collection  of  any 
penalty  heretofore  incurred  in  connection  therewith. 

§  174.  Action  of  board  of  estimate. — Nothing  in  this  article  shall  be 
deemed  to  authorize  any  projection  beyond  the  building  line  on 
those  streets  on  which  the  removal  or  projections  has  been  heretofore 
or  may  be  hereafter  directed  by  the  board  of  estimate,  except  in 
conformity  to  resolutions  by  such  board. 

ARTICLE  10 

SAFEGUARDS    DURING    CONSTRUCTION    OR    DEMOLITION 

(As  amended  by  ord.  effective  Nov.  23,  1915) 

Sec.  190.  Enforcement  of  article. 
§  191.  Sidewalk  sheds. 


BUILDING  CODE  85 

§  192.  Temporary  fence. 

§  193.  Roofs  and  skylights  of  adjoining  buildings. 

§  194.  Scaffolding. 

§  195.  Floors  to  be  filled  in  or  covered  over. 

§196.  Protection  of  floor  openings. 

§  197.  Weather  protection. 

§  198.  Cellar  drainage. 

§  199.  Overloading  prohibited. 

§  200.  Precautions  during  demolition. 

Sec.  190.  Enforcement  of  article. — Except  as  may  be  otherwise  pro- 
vided by  any  law  or  ordinance,  the  provisions  of  this  article  shall  be 
enforced  by  the  superintendent  of  buildings,  and  all  safeguards  required 
by  the  provisions  of  this  article  or  by  any  rules  authorized  thereunder 
shall  be  subject  to  the  supervision  of  the  bureau  of  buildings.  The 
superintendent  of  buildings  shall,  from  time  to  time,  adopt  such  rules, 
consistent  \vi1h  the  provisions  of  this  article,  as  may  be  necessary  to 
secure  fully  the  protection  of  persons  and  property.  In  case  any  safe- 
guard shall  not  be  provided  as  prescribed  by  this  article,  the  superin- 
tendent of  buildings  shall  cause  a  notice  to  be  served  personally  upon 
the  persons  whose  duty  it  may  be  to  provide  the  same  or  upon  the  owners 
of  the  buildings  affected,  requiring  such  safeguard  and  specifying  the 
manner  in  which  the  same  shall  be  erected.  If  such  safeguard  is  not 
provided  as  required  in  such  notice,  within  three  days  after  the  service 
thereof,  the  superintendent  of  buildings  shall  have  full  power  and  au- 
thority to  provide  or  cause  the  same  to  be  provided  as  herein  specified. 
All  expenses  connected  with  same  may  become  a  lien  on  the  property 
inclosed  or  protected,  which  lien  may  be  created  and  enforced  in  the 
same  manner  as  now  provided  in  §  652  of  this  chapter. 

§  191.  Sidewalk  sheds. — Whenever  any  building  or  part  thereof,  within 
ten  feet  of  the  building  line,  is  to  be  erected  or  raised  to  exceed  forty  feet 
in  height,  or  whenever  such  a  building  more  than  forty  feet  in  height 
is  to  be  demolished,  the  owner  or  the  person  doing  or  causing  such  work 
to  be  done  shall  erect  and  maintain  during  such  work  a  substantial  shed 
over  the  sidewalk  in  front  of  said  building  and  extending,  so  far  as 
practicable,  from  building  line  to  curb.  On  streets  fifty  feet  or  less  in 
width  and  on  streets  having  sidewalks  less  than  fifteen  feet  in  width, 
such  sheds  may  extend  beyond  the  curb  to  such  extent  as  may,  on  the 
recommendation  of  the  superintendent  of  buildings,  be  approved  by 
the  borough  president,  provided  that  when  such  sheds  extend  to  within 
fifteen  feet  of  the  opposite  building  line  the  written  approval  of  the 
lessees,  tenants  or  occupants  of  the  two  stories  or  parts  of  stories  next 
above  the  curb  of  the  buildings  along  the  opposite  building  line  shall  have 
been  obtained  before  such  approval  is  issued.  Such  shed  shall  remain 
in  place  until  the  building  is  enclosed,  or,  in  case  of  demolition,  until  the 
building  has  been  reduced  to  twenty  feet  in  height.  Every  such  shed 
shall  be  kept  properly  lighted  at  night. 

Adopted  June  15,  1920.    Approved  June  22,  1920. 

§  192.  Temporary  fence. — lu  any  building  operation  that  does  not 
require  a  sidewalk  shed  as  provided  in  §  191  of  this  article,  the  owner 
or  person  doing  or  causing  such  work  to  be  done,  shall,  unless  relieved 
by  a  general  rule  of  the  superintendent  of  buildings  or  a  special  permit 
from  him,  erect  and  maintain  in  front  of  the  building  during  such  build- 
ing operation,  a  substantial  fence  not  less  than  eight  feet  high,  of  wood 
or  other  suitable  material.  Such  fence  may  extend  not  more  than  six 
feet  into  the  highway,  and  shall  be  built  solid  for  its  full  length  except 
for  such  openings,  provided  with  sliding  doors  or  doors  swinging  inwards, 
us  may  be  necessary  for  a  proper  prosecution  of  the  work. 

§  193.  Roofs  and  skylights  of  adjoining  buildings. — When  any  building 
is  to  be  carried  above  tin-  roof  of  an  adjoining  buildipg,  proper  means 


88  CODE  OP  ORDINANCES  Of  THE  CITY  Of  NEW  YORK 

for  the  protection  of  the  skylights  and  roof  of  such  adjoining  build- 
ing shall  be  provided,  at  his  own  expense,  by  the  person  construct- 
ing or  causing  the  construction  of  such  building,  provided  that  if 
the  owner,  lessee  or  tenant  of  the  adjoining  building  should  refuse 
permission  to  have  the  roofs  and  skylights  so  protected,  the  respon- 
sibility and  expense  for  the  necessary  protection  shall  devolve  on  the 
person  refusing  this  permission. 

§  194.  Scaffolding.— All  scaffolds  used  in  connection  with  the 
erection,  alteration  or  demolition  of  any  building  shall  be  constructed 
in  a  manner  to  secure  the  safety  of  the  workmen  on  them  and  of  all 
persons  passing  under  or  near  them.  All  scaffolds  used  on  or  about 
buildings  at  a  height  of  more  than  twenty  feet  above  the  street  or 
ground  level,  or  a  floor,  except  scaffolding  wholly  within  the  interior 
of  a  building  and  covering  the  entire  floor  space  of  any  room  therein, 
shall  be  provided  along  the  outer  edges  and  ends  with  substantial 
railings  or  enclosures  of  wire  mesh  or  other  suitable  material,  extend- 
ing at  least  three  feet  above  the  working  platform. 

§  195.  Floors  to  be  filled  in  or  covered  over. — If  the  floors  of  any 
building  are  to  be  of  fireproof  construction  the  floor  filling  shall  be 
completed  as  the  building  progresses.  If  the  floors  consist  of  wood 
beams  the  under-flooring,  when  double  flooring  is  to  be  used,  shall 
be  laid  on  each  story  as  the  building  progresses;  when  double  floors 
are  not  to  be  used,  the  floors  two  stories  below  the  story  where  the 
work  is  being  performed  shall  be  kept  planked  over.  If  the  floor 
beams  are  of  iron  or  steel,  the  entire  tier  of  iron  or  steel  beams  on 
which  the  structural  iron  or  steel  work  is  being  erected,  except  such 
spaces  as  may  be  reasonably  required  for  the  proper  construction 
of  such  iron  or  steel  work,  and  for  the  raising  or  lowering  of  materials 
to  be  used  in  the  construction  of  such  building,  or  such  spaces  as  may 
be  designated  by  the  approved  plans  for  stairways  and  shafts  shall 
be  thoroughly  planked  over. 

§  196.  Protection  of  floor  openings. — All  floor  openings  within  a 
building  in  the  course  of  construction  shall  be  enclosed  or  fenced  in 
on  all  sides  by  a  barrier  of  suitable  height,  except  on  those  sides  which 
may  be  used  for  the  handling  of  materials  hoisted  through  such 
openings,  or  at  which  stairs  or  ladders  land,  provided,  that  such  sides, 
other  than  landings,  shall  be  guarded  by  an  adjustable  barrier  not 
less  than  three  nor  more  than  four  feet  from  the  floor  and  not  less 
than  two  feet  from  the  edge  of  such  opening. 

§  197.  Weather  protection. — Whenever  permission  has  been  given 
under  any  of  the  provisions  of  this  chapter  to  enter  any  adjoining 
building  the  person  who  receives  such  permission  or  who  is  respon- 
sible for  the  work  requiring  such  permission,  shall  provide  for  such 
adjoining  building  adequate  protection  against  the  weather. 

§  198.  Cellar  drainage. — Before  the  foundation  walls  of  any  build- 
ing are  completed  provision  shall  be  made  to  prevent  water  accu- 
mulating in  the  excavation  or  cellar  to  the  injury  of  the  foundation, 
and  if  there  is  a  sewer  in  the  street  the  cellar  shall  also  be  connected 
therewith. 

§  199.  Overloading  prohibited. — No  building  or  part  thereof,  or  any 
temporary  support  or  scaffolding  in  connection  therewith,  shall  be 
loaded  during  erection,  alteration  or  demolition  in  excess  of  its  safe 
carrying  capacity. 


BUILDING    CODE  87 

§  200.  Precautions  during  demolition. — In  demolishing  any  building 
or  part  thereof,  story  after  story  shall  be  completely  removed.  No 
material  shall  be  stored  upon  a  floor  of  any  building  in  the  course  of 
demolition,  but  old  material  shall  be  lowered  to  the  ground  imme- 
diately upon  displacement.  The  material  to  be  removed  shall  be 
properly  wet  to  lay  the  dust  incident  to  its  removal. 

Sec.  2.  The  provisions  of  this  ordinance  shall  take  effect  three 
months  after  its  adoption  by  the  Board  of  Aldermen.  (Ord.  eff. 
Nov.  23,  1916.) 

ARTICLE  11 

PARTITION   FENCES   AND   WALLS 

Sec.  210.  Construction  and  maintenance  of  fences. 
§  211.  Retaining  walls. 
§  212.  Regulation  of  lots. 
§  213.  Neglect  to  maintain. 
§214.  Disputes. 
§  215.  Enforcement. 

Sec.  210.  Construction  and  maintenance  of  fences. — All  partition 
fences,  unless  erected  under  some  special  agreement,  shall  be  so 
built  that  the  dividing  line  between  the  properties  shall  run  through 
the  centre  of  such  fence  in  each  case,  and  they  shall  be  built  and  main- 
tained at  the  joint  expense  of  the  owners  of  the  land  on  each  side. 

§  211.  Retaining  walls.  1.  To  conform  to  street  regulation. — When 
the  regulation  of  a  lot,  in  conformity  with  the  street  or  streets  on 
which  it  is  situated,  shall  require  the  ground  on  such  lot  to  be  raised 
and  kept  higher  than  the  ground  of  the  adjoining  lot  or  lots  (pro- 
vided the  ground  of  such  adjoining  lot  or  lots  is  not  maintained  at  a 
grade  lower  than  in  conformity  with  the  street  or  streets  on  which 
they  are  situated)  and  a  retaining  wall  for  supporting  the  same  shall 
be  necessary,  such  retaining  wall  shall  be  made  and  maintained 
jointly  by  the  owners  of  the  land  on  each  side  and  shall  stand  one- 
half  upon  the  land  of  each  owner;  but,  if  the  owner  of  the  lot  or  lots 
having  the  lower  grade  shall  bear  and  discharge  the  entire  cost  and 
expense  of  the  making,  such  retaining  wall  shall  be  built  entirely 
upon  the  lot  having  the  higher  grade  and  shall  thereafter  be  main- 
tained jointly  by  the  owners  of  the  land  on  both  sides  thereof. 

2.  To  support  adjoining  earth. — Where  an  excavation  has  been  made 
or  a  fill  placed  on  any  lot,  but,  as  the  case  may  be,  not  below  or  above 
the1  legal  grade  in  conformity  with  the  street  on  which  that  lot  fronts, 
and  the  land  adjoining  it  has  no  building  or  permanent  structure 
thereon,  other  than  frame  sheds  or  structures  of  like  character,  and 
where  a  retaining  wall  shall  be  necessary  to  support  the  adjoining 
earth,  such  retaining  wall  shall  stand  one-half  upon  the  lot  of  each 
owner  and  shall  be  made  and  maintained  jointly  by  the  owners  of  the 
land  on  each  side;  provided,  that,  if  the  owner  of  the  lot  having  the 
lower  grade  shall  bear  and  discharge  the  entire  cost  and  expense  of 
the  making,  such  retaining  wall  shall  be  built  entirely  upon  the  lot 
having  the  higher  grade  and  shall  thereafter  be  maintained  jointly 
by  the  owners  of  the  land  on  both  sides  thereof. 


88  CODE    OF   ORDINANCES   OF   THE    CITY    OF   NEW   YORK 

3.  Surplus  wall.     Where  any  owner  shall  insist  on  maintaining 
his  ground  either  higher  or  lower  than  the  legal  regulation  as  herein- 
after provided,  except  in  a  case  herein  otherwise  specifically  pro- 
vided for,  the  surplus  retaining  wall,  which  may  be  necessary  to 
support  such  height  or  provide  for  such  excavation,  shall  be  made 
and  maintained  at  the  sole  expense  of  such  owner. 

4.  Construction.    All  retaining  walls,  required  under  this  section 
shall  be  constructed  in  accordance  with  the  provisions  of  this  chapter. 

5.  Removal.     Any  retaining  wall  erected  or  provided  under  this 
section,  standing  partly  on  the  land  of  each  owner,  may  be  removed 
by  either  owner  when  the  necessity  for  such  retaining  wall  no  longer 
exists.    See  notes  under  §  230. 

§212.  Regulation  of  lots. — The  regulation  of  lots,  in  conformity 
with  the  street  or  streets  on  which  they  are  situated,  shall  be  cal- 
culated at  an  ascent  of  2  inches  in  every  10  feet,  measured  from  the 
curb  in  a  direction  at  right  angles  or  normal  thereto;  provided  that, 
in  the  case  of  a  lot  having  more  than  one  street  frontage,  when  so 
situated  that  th'e  street  frontages  intersect,  the  curb  along  the 
longest  street  frontage  shall  be  used,  and,  when  so  situated  that  the 
street  frontages  do  not  intersect,  the  curb  along  each  frontage  shall 
be  used  to  one-half  the  depth  of  the  lot  between  street  frontages. 
A  lot,  as  referred  to  in  this  section,  shall  be  deemed  and  construed 
to  mean  a  parcel  of  land  not  over  25  feet  by  100  feet,  in  one  ownership, 
whether  adjacent  land  be  in  the  same  ownership  or  not;  but,  for  the 
purpose  hereof,  no  land  in  the  same  ownership  may  be  divided  into 
lots  smaller  than  25  feet  by  100  feet. 

§  213.  Neglect  to  maintain. — If  any  person,  whose  duty  it  may  be 
to  jointly  make  or  repair  any  partition  fence  or  retaining  wall  or  any 
part  thereof,  in  pursuance  of  the  provisions  of  this  article,  shall  neg- 
lect so  to  do,  or  to  join  in  so  doing,  for  6  days,  after  being  requested, 
in  writing,  by  the  owner  or  owners  of  the  adjoining  ground,  the 
owner  of  such  adjoining  ground  may  make  or  repair  such  partition 
fence  or  retaining  wall,  or  cause  the  same  to  be  done,  and  may 
recover  from  such  person  such  share  of  the  expense  of  making  or 
repairing  so  much  thereof  as  is  necessarily  made  or  repaired  by  him, 
with  costs,  in  any  court  having  jurisdiction. 

§  214.  Disputes. — In  case  of  any  dispute  between  parties,  as  to 
what  part  or  portion  of  the  expense  shall  be  borne  and  discharged  by 
either  of  them,  for  building  or  maintaining  any  partition  fence  or 
wall,  and  in  all  cases  of  dispute  concerning  the  sufficiency  of  any 
fence  or  wall,  the  controversy  shall  be  determined  by  the  superin- 
tendent of  buildings  of  the  borough  in  which  the  fence  or  wall  may 
be  situated. 

§  215.  Enforcement. — The  superintendent  of  buildings  in  each 
borough  may,  in  order  to  effect  the  purposes  of  this  article,  notify  in 
writing  any  owner  of  any  requirement  under  any  provision  thereof. 
Any  person  who  shall  fail  to  proceed,  within  10  days,  in  accordance 
with  such  notice,  or  to  comply  therewith,  within  such  reasonable 
time  thereafter  as  shall  be  allowed  or  permitted  by  the  superintend- 
ent of  buildings,  shall  be  liable  to  a  penalty  of  not  less  than  $10,  nor 
morfe  than  $50,  and,  in  addition,  he  shall  be  liable  to  a  further  penalty 
of  $1  for  each  and  every  day  that  his  default  shall  continue,  after 
due  notice  thereof.  (Ord.  Aug.  11,  1914.) 


BUILDING    CODE  89 

ARTICLE  12 

EXCAVATIONS  AND  FOUNDATIONS 

(As  amended  by  ord.  effective  Sept.  22,  1915) 

Sec.  230.  Excavations. 

§231.  Soil,  bearing  capacity. 

§  232.  Foundations,  generally. 

"233.  Footings. 

234.  Foundation  piers  and  caissons. 

235.  Pile  foundations. 

236.  Foundation  walls. 

237.  Retaining  walls. 

Sec.  230.  Excavations.  1.  Safeguarding  generally. — Until  pro- 
vision for  permanent  support  has  been  made,  all  excavations  shall 
be  properly  guarded  and  protected  so  as  to  prevent  the  same  from 
becoming  dangerous  to  life  or  limb  and  shall  be  sheet-piled,  braced 
or  shored,  where  necessary  to  prevent  the  adjoining  earth  from 
caving  in,  by  the  person  causing  the  excavation  to  be  made. 

2.  When  retaining  wall  required.     When  an  excavation  is  made 
on  any  lot,  and  provision  for  the  support  of  adjoining  earth  is  not 
otherwise  made  in  accordance  with  law,  the  person  making  such 
excavation  or  causing  it  to  be  made  shall,  at  his  own  cost  and  expense, 
except  as  may  be  provided  in  article  11  of  this  chapter  or  as  herein- 
after provided  in  this  section,  build  a  retaining  wall  to  support  the 
adjoining  earth;  and  such  retaining  wall  shall  be  carried  to  the  height 
of  the  adjoining  earth,  and  be  properly  protected  by  coping. 

3.  Support  of  neighboring  walls,     a.  When  excavation  exceeds  ten 
feet. — Whenever  an  excavation  is  intended  to  be,  or  shall  be  carried 
to  the  depth  of  more  than  ten  feet  below  the  curb,  the  person  causing 
such  excavation  to  be  made  shall  at  all  times,  if  afforded  the  necessary 
license  to  enter  upon  the  adjoining  land,  and  not  otherwise,  at  his 
own  expense,  preserve  and  protect  from  injury  any  wall,  building 
or  structure,  the  safety  of  which  may  be  affected  by  said  excavation, 
and  support  the  same  by  proper  foundations,  whether  the  said  wall, 
building  or  structure  is  down  more  or  less  than  ten  feet  below  the 
curb.    If  the  necessary  license  is  not  accorded  to  the  person  making 
such  excavation,  then  it  shall  be  the  duty  of  the  owner  refusing  to 
grant  such  license  to  make  such  wall,  building  or  structure  safe,  and 
to  support  the  same  by  proper  foundations;  and,  when  necessary  for 
that  purpose,  such  owner  shall  be  permitted  to  enter  upon  the  prem- 
ises where  such  excavation  is  to-be  made. 

b.  When  excavation  does  not  exceed  ten  feet.  If  such  excavation 
is  not  intended  to  be,  or  shall  not  be,  carried  to  a  depth  of  more  than 
10  feet  below  the  curb,  the  owner  of  any  wall,  building  or  structure, 
the  safety  of  which  may  be  affected  by  said  excavation,  shall  pre- 
serve and  protect  the  same  from  injury,  and  support  the  same  by 
proper  foundation;  and,  when  necessary  for  that  purpose,  shall  be 
permitted  to  enter  upon  the  premises  where  such  excavation  is  to 
be  made.  In  case  such  wall,  building  or  structure,  however,  is  so 
located  that  the  curb  to  which  it  is  properly  referred  is  at  a.  higher 


90  CODE    OF    ORDINANCES    OF   THE    CITY    OF    NEW    YORK 

level  than  the  curb  to  which  the  excavation  is  referred,  such  part  of 
any  necessary  underpinning  or  foundation  as  may  be  due  to  the 
difference  in  curb  levels  shall  be  made  and  maintained  at  the  joint 
expense  of  the  person  causing  the  excavation  to  be  made  and  the 
owner  of  such  wall,  building  or  structure. 

Where  a  party  is  excavating  next  to  a  building  it  is  incumbent  upon  him  to  re- 
quest permission  to  enter  upon  the  adjoining  property  to  support  the  adjoining 
wall,  and  the  adjoining  owner  will  not  lose  the  benefit  of  the  statute  because  he  did 
not  tender  such  license.  Dorrity  v.  Rapp,  72  N.  Y.  307.  And  the  builder  must 
protect  the  adjoining  building  not  only  during  such  excavating,  but  have  the  ad- 
joining wall  as  stable  after  as  before  excavating.  Bernheimer  v.  Kilpatrick,  53 
Hun,  316;  6  N.  Y.  Supp.  858.  But  to  impose  such  obligation  on  the  builder  the 
adjoining  owner  must  grant  a  proper  license.  Sherwood  v.  Seaman,  2  Bosw.  127. 
And  where  such  license  has  been  given  the  builder  will  have  a  reasonable  time  to 
finish  the  wall,  although  the  license  may  be  revoked  by  the  adjoining  owner.  Ket- 
•  chum  v.  Newmann,  116  N.  Y.  422.  But  the  provision  requiring  an  owner  excavating 
below  ten  feet  to  protect  his  neighbor's  wall  does  not  apply  to  one  excavating 
in  a  street  under  a  contract  with  the  municipal  authorities.  Jencks  v.  Kenny, 
19  N.  Y.  Supp.  243;  28  Abb.  N.  C.  154. 

See  also  Cohen  v.  Simmons,  21  N.  Y.  Supp.  385,  app.  142  N.  Y.  671;  McKenzie 
v.  Hatton,  141  N.  Y.  8;  Blanchard  v.  Savarese,  97  App.  Div.  58;  New  York  Steam 
Co.  v.  Foundation  Co.,  123  App.  Div.  254;  Foster  v.  Zampieri,  140  App.  Div.  471. 

Where  an  excavation  is  only  carried  9  ft.  the  defendant  must  still  pay  for  cost 
of  protecting  adjoining  building  as  the  intention  was  to  go  10  ft.  or  more.  Wear  v. 
Koehler,  App.  Term  Sup.  Ct.  N.  Y.  Law  Journal,  Dec.  29,  1914. 

4.  Support  of  party  wall.    In  case  an  adjoining  party  wall  is  in- 
tended to  be  used  by  the  person  causing  the  excavation  to  be  made 
and  such  party  wall  is  in  good  condition  and  sufficient  for  the  uses 
of  the  existing  and  proposed  buildings  the  person  causing  the  ex- 
cavation to  be  made,  shall,  at  his  own  expense,  preserve  such  party 
wall  from  injury  and  support  the  same  by  proper  foundations,  so 
that  said  party  wall  shall  be  and  remain  practically  as  safe  as  before 
the  excavation  was  commenced. 

5.  Superintendent  of  buildings  may  act.     If  the  person  whose 
duty  it  shall  be  under  the  provisions  of  this  chapter  to  properly 
guard  and  protect  an  excavation,  or  to  prevent  adjoining  earth  from 
caving  in,  or  to  preserve  or  protect  any  wall,  building  or  structure 
from  injury,  shall  neglect  or  fail  so  to  do  after  having  had  a  notice  of 
24  hours  from  the  superintendent  of  buildings,  such  superintendent 
may  enter  upon  the  premises  and  employ  such  labor,  and  furnish 
such  materials  and  take  such  steps  as,  in  his  judgment,  may  be 
necessary  to  prevent  adjoining  earth  from  caving  in  or  to  make  such 
wall,  building  or  structure  safe  and  secure,  or  to  prevent  the  same 
from  becoming  unsafe  or  dangerous,  at  the  expense  of  the  person 
whose  duty  it  is  to  keep  the  same  safe  and  secure.    The  City  of  New 
York  or  any  person  doing  the  said  work,  or  any  part  thereof,  under 
and  by  direction  of  a  superintendent  of  buildings,  may  bring  and 
maintain  an  action  against  the  person  last  herein  referred  to,  to 
recover  the  value  of  the  work  done  and  materials  furnished,  in  and 
about  the  said  premises,  in  the  same  manner  as  if  he  had  been  em- 
ployed to  do  the  work  by  the  said  person. 

§  231.  Soil,  bearing  capacity.  1.  Indicative  statement  required. — 
Applications  for  permits  for  new  buildings,  and,  when  necessary, 
for  alterations  to  existing  buildings  shall  contain  a  statement  of  the 
character  of  the  soil  at  the  level  of  the  footings. 

2.  Presumptive  capacities.  In  the  absence  of  a  satisfactory  test 
of  the  sustaining  power  of  the  soil,  different  soils,  excluding  mud, 


BUILDING    CODE  91 

shall  be  deemed  to  safely  sustain  the  following  loads  to  the  super- 
ficial foot,  namely: 

Soft  clay -1  ton 

Wet  sand 2  tons 

Firm  clay 2  tons 

Sand  and  clay,  mixed  or  in  layers 2  tons 

Fine  and  dry  sand 3  tons 

Hard  dry  clay 4  tons 

Coarse  sand 4  tons 

Gravel 6  tons 

Soft  rock 8  tons 

Hard  pan 10  tons 

Medium  rock 15  tons 

Hard  rock 40  tons 

In  case  the  soil  under  the  footings  of  any  one  building  is  partly 
rock  and  partly  yielding  soil,  the  bearing  capacity  of  the  yielding 
soil  shall  be  taken  at  not  more  than  one-half  of  the  capacity  other- 
wise allowed. 

3.  Soil  tests.  When  a  doubt  arises  as  to  the  safe  sustaining  power 
of  the  soil  upon  which  a  building  is  to  be  erected,  the  superintendent 
of  buildings  may  order  borings  to  be  made,  or  he  may  direct  the 
sustaining  power  of  the  soil  to  be  tested  in  accordance  with  the 
methods  established  by  the  rules  of  the  superintendent  of  buildings, 
by  and  at  the  expense  of  the  owner  of  the  proposed  building.  Where 
a  test  is  made  of  the  sustaining  power  of  the  soil  the  superintendent 
of  buildings  shall  be  notified  so  that  he  may  be  present  in  person  or 
by  representative.  The  record  of  the  test  shall  be  filed  in  the  bureau 
of  buildings. 

§232.  Foundations,  generally.  1.  General  requirements. — Every 
building,  except  buildings  erected  upon  solid  rock  or  upon  wharves 
or  piers  on  the  water  front,  shall  have  foundations  of  brick,  or  other 
approved  masonry,  iron  or  steel,  laid  not  less  than  four  feet  below 
•  the  surface  of  the  earth,  on  the  solid  ground  or  level  surface  of  rock, 
or  upon  piles  or  ranging  timbers  when  solid  earth  or  rock  is  not  found. 

2.  Protection  of  metal  work. — Where  metal  is  incorporated  in  or 
forms  part  -of  a  foundation,  it  shall  be  thoroughly  protected  from 
rust  by  paint,  asphaltum,  concrete,  or  by  such  materials  and  in 
such  manner  as  may  be  approved  by  the  superintendent  of  buildings. 

§233.  Footings.  1.  Materials. — The  footings  of  foundation  walls 
shall  consist  of  footing  stones,  concrete,  reinforced  concrete  con- 
struction or  steel  grillages.  Wood  footings  may  be  used  if  they  are 
entirely  below  the  permanent  water  level. 

2.  Footing  stones.     Footing  stones  shall  not  be  less  than  2  by  3 
feet,  they  shall  be  not  less  lhan  8  inches  in  thickness  for  walls,  nor 
less  than  10  inches  in  thickness  under  piers,  columns  or  posts.    Foot- 
ing stones  shall  be  well  bedded  and  laid  crosswise,  edge  to  edge. 

3.  Concrete  footings.     Concrete  footings  shall  be  not  less  than 
12  inches  thick,  except  that  for  frame  buildings  the  thickness  may 
be  not  less  than  8  inches. 

4.  Steel  grillages.    When  grillage  beams,  resting  on  a  proper  con- 
crete bed,  are  used,  they  shall  be  provided  with  separators  and  bolts 
and  shall  be  inclosed  and  filled  solid  between  with  concrete. 

5.  Pressure  under  footings.    For  the  loads  exerting  pressure  under 


92  CODE   OF   ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

the  footings  of  foundations  the  full  dead  loads  and  the  figured  live 
loads  on  the  lowest  tier  of  columns,  piers  or  walls  shall  be  taken. 
For  this  purpose  the  reduced  live  loads  permitted  by  subdivision  7 
of  §  53  of  this  chapter  may  be  used. 

6.  Design.  Footings  shall  be  so  designed  that  the  loads  they 
sustain  per  unit  of  area  shall  be  as  nearly  uniform  as  possible  and 
within  the  bearing  capacities  of  soils  established  by  this  article,  and 
that  the  stresses  in  the  materials  shall  not  exceed  those  fixed  by  this 
chapter.  In  proportioning  the  areas  of  footings  for  any  building  the 
dead  loads  alone  shall  be  considered,  provided,  however,  that  in 
no  case  shall  the  pressure  under  the  footings  as  determined  in  sub- 
division 5  of  this  section,  exceed  the  safe  load  on  the  soil  established 
by  this  article. 

§  234.  Foundation  piers  and  caissons. — The  foundations  of  any 
building  may  be  carried  down  to  rock  or  hard  pan  by  isolated  piers 
of  approved  masonry  or  reinforced  concrete,  or  by  open  or  pneu- 
matic caissons,  so  designed  that  the  working  stresses  in  the  ma- 
terials and  the  loads  on  the  rock  or  hardpan  do  not  exceed  those 
established  by  this  chapter. 

§  235.  Pile  foundations.  1.  General  requirements. — Piles  in- 
tended to  sustain  a  wall  or  building,  or  any  part  thereof,  shall  be 
driven  to  a  solid  bearing,  if  practicable  to  do  so,  and  the  method  of 
driving  shall  be  such  as  not  to  impair  their  strength.  No  pile  or 
group  of  piles  shall  be  loaded  eccentrically.  Any  type  of  pile  con- 
struction not  provided  for  in  this  section  shall  meet  such  require- 
ments as  may  be  prescribed  by  the  rules  of  the  superintendent  of 
buildings. 

2.  Wood  piles,  a.  Quality  and  size.  Wood  piles  shall  be  of  ap- 
proved timber,  sound  and  straight.  The  diameter  at  the  point  shall 
be  not  less  than  6  inches.  The  diameter  at  the  butt  shall  be  not 
less  than  10  inches  for  piles  not  over  25  feet  in  length,  and  not  less 
than  12  inches  at  the  butt  for  piles  of  greater  length. 

b.  Allowable  loads.    The  safe  sustaining  power  of  any  wood  pile, 
in  tons  shall  be  taken  as  twice  the  weight  of  the  hammer  in  tons 
multiplied  by  the  height  of  the  fall  in  feet,  divided  by  the  average 
penetration  of  the  pile  in  inches  under  the  last  five  blows,  plus  one, 
when  a  drop  hammer  is  used  for  driving,  and  as  twice  the  weight  of 
the  hammer  in  tons  multiplied  by  the  height  of  the  fall  in  feet,  di- 
vided by  the  average  penetration  in  inches  under  the  last  five  blows, 
plus  one-tenth,  when  a  steam  hammer  is  used  for  driving,  provided 
that  the  driving  has  reached  such  a  point  when  successive  blows 
produce  approximately  equal  penetration.    No  wood  pile,  however, 
shall  be  weighted  with  a  load  exceeding  20  tons. 

c.  Construction.     The  distance  between  wood  piles  shall  be  not 
more  than  thirty-six  nor  less  than  twenty  inches  on  centers.    The 
tops  of  wood  piles  shall  be  cut  off  below  the  permanent  water  level. 
When  ranging  and  capping  timbers  are  laid  on  piles  for  foundations, 
they  shall  be  of  hard  wood  not  less  than  six  inches  thick  and  prop- 
erly joined  together,  and  their  tops  laid  below  the  permanent  water 
level. 

d.  Meadow  land  construction.     When  wood  piles  are  used  under 
frame  buildings  built  over  the  water  or  on  salt  meadow  land,  they 
may  project  above  the  water  a  sufficient  height  to  raise  the  building 


BUILDING   CODE  93 

above  high  tide,  and  the  building  may  be  placed  directly  thereon 
without  other  foundation.    (B.  C.,  §  25.) 

3.  Concrete  piles,     a.  Concrete  filled  steel  tubes.     For  piles  con- 
sisting of  steel  tubes  filled  with  concrete,  the  tubes  shall  have 'a 
diameter  of  9  inches  or  more  and  a  thickness  of  not  less  than  5-16 
of  an  inch.    The  ends  of  each  tube  shall  be  faced  perpendicular  to 
its  axis.    Splices  shall  be  of  an  approved  design  and  not  more  than 
one  splice  shall  be  used  in  the  total  length  of  the  pile.    The  length 
of  any  such  pile  shall  not  exceed  forty  times  the  inside  diameter  of 
the  tube.    Such  piles  shall  be  driven  to  a  full  bearing  on  rock.    The 
allowable  load  on  any  such  pile  shall  not  exceed  500  Ibs.  per  square 
inch  on  the  concrete  and  7,500  Ibs.  per  square  inch  on  the  steel, 
provided  that  in  computing  the  effective  area  of  the  steel  the  outer 
1-16  inch  of  thickness  shall  be  deducted  from  the  thickness  of  the 
tube.    No  interior  steel  reinforcement  shall  be  used.    (New.) 

b.  Piles  moulded  before  driving.     Concrete  piles  moulded   and 
cured  before  driving  shall  not  be  provided  with  more  than  4  per 
cent,  of  longitudinal  reinforcement.    The  diameter  or  lateral  dimen- 
sion of  such  a  pile  shall  be  not  less  than  8  inches  at  the  foot  and 
shall  not  average  less  than  12  inches  in  the  length  of  the  pile.    The 
length  shall  not  exceed  twenty  times  the  average  diameter  when 
the  pile  is  driven  to  rock  nor  forty  times  the  average  diameter  in 
any  case.    When  driven  to  rock  the  allowable  load  on  any  such  pile 
shall  not  exceed  500  Ibs.  per  square  inch  on  the  concrete  at  the 
average  cross-section  and  6,000  IDS.  per  square  inch  on  the  longitu- 
dinal reinforcement.    If  driven  to  rock,  the  foot  shall  be  provided 
with  a  metal  shoe.   (New.) 

c.  Piles  moulded  in  place.     Concrete  piles  cast  in  place  shall  be 
so  made  and  placed  as  to  insure  the  exclusion  of  any  foreign  matter, 
and  to  secure  a  perfect  full-sized  shaft.     The  average  diameter  of 
any  such  pile  in  place  shall  be  not  less  than  11  inches  and  the  diam- 
eter of  the  foot  shall  be  not  less  than  6  inches.     The  length  shall 
not  exceed  thirty  times  the  average  diameter.     The  allowable  load 
shall  not  exceed  350  Ibs.  per  square  inch  on  the  concrete.     (New.) 

d.  Allowable  loads.     When  concrete  piles  are  not  driven  to  rock 
they  shall  be  treated  as  friction  piles  and  their  carrying  capacities 
shall  be  determined  by  test  in  accordance  with  rules  established  by 
the  superintendent  of  buildings;  but  the  stresses  herein  given  for  the 
materials  composing  them  shall  not  be  exceeded  in  any  case.    (New.) 

e.  Concrete.  The  concrete  for  concrete  piles  shall  be  mixed  in 
the  proportion  of  1  part  portland  cement  to  not  more  than  2  parts 
of  clean,  coarse  sand,  and  4  parts  of  broken  stone  or  gravel  of  a  size 
passing  through  a  1-inch  ring,  with  sufficient  water  to  produce  a 
plastic  or  viscous  consistency.     (New.) 

4.  Tests.    When  any  doubt  exists  as  to  the  safe  sustaining  power 
of  piles  upon  which  a  building  or  structure  is  to  be  supported,  the 
superintendent  of  buildings  may  order  a  test  of  the  same  to  be  made 
at  the  expense  of  the  owner  of  the  proposed  building  or  structure 
or  the  person  causing  the  piles  to  be  driven.     The  record  of  every 
such  test  shall  be  filed  in  the  bureau  of  buildings.    (New.)    . 

§  236.  Foundation  walls. — 1.  Definition.  Foundation  walls  shall 
be  construed  to  include  all  walls  and  piers  built  below  the  curb  level 
or  the  nearest  tier  of  beams  to  the  curb,  which  serve  as  supports  for 


94  CODE    OF   ORDINANCES   OP  THE   CITY   OF   NEW   YORK 

walls,  piers,  columns,  or  other  structural  parts  of  a  building  or  struc- 
ture.   (B.  C.,  §26.) 

2.  Materials.     Foundation  walls  shall  be  built  of  approved  ma- 
sonry, reinforced  concrete  or  steel  protected  by  masonry.     All  ma- 
sonry foundation  walls  shall  be  laid  in  cement  mortar. 

3.  Thickness.     If  built  of  rubble  stone,  foundation  wails  shall  be 
at  least  8  inches  thicker  than  the  walls  next  above  them,  but  not 
less  than  18  inches  in  any  case.     If  built  of  brick,  concrete  or  hollow 
building  blocks,  they  shall  be  at  least  4  inches  thicker  than  the  walls 
next  above  them,  but  not  less  than  12  inches  thick  in  any  case. 
For  each  additional  10  feet,  or  part  thereof,  below  the  depth  of  12 
feet  below  the  curb  level,  the  thickness  shall  be  increased  4  inches. 

4.  Brick.     When  brickwork  in  foundation  walls  is   stepped  up 
from  the  footings,  the  offsets,  if  laid  in  single  courses,  shall  not  ex- 
ceed \y<i  inches,  or  if  laid  in  double  courses,  shall  not  exceed  3  inches. 

5.  Stone.     Rubble  stone  masonry,  unless  built  in  dressed,  level 
courses,  shall  not  be  used  for  buildings  exceeding  75  feet  in  height. 

6.  Hollow  building  blocks.     Foundation  walls  of  hollow  building 
blocks  may  be  used  only  when  the  upper  walls  are  of  frame  or  hollow 
building  block  construction.     The  hollow  spaces  in  the  blocks  shall 
be  filled,  as  the  construction  progresses,  with  concrete  of  not  less 
than  1  part  of  cement  to  9  parts  of  aggregate.     (New.) 

§  237.  Retaining  walls. — All  walls  built  to  retain  or  support  ad- 
joining earth  or  rock,  including  foundation  walls  subjected  to  pres- 
sure from  adjoining  earth  or  rock,  shall  be  constructed  of  approved 
masonry  or  reinforced  concrete  and  so  designed  that  in  resisting 
the  pressures  to  which  they  are  subjected,  including  any  water 
pressure  that  may  exist,  the  working  stresses  of  the  materials  shall 
not  be  exceeded,  the  soil  shall  not  be  overloaded  and  the  stability 
of  the  wall  shall  be  insured.  (New.) 


ARTICLE  13 

MASONRY  CONSTRUCTION 

(As  amended  by  ord.  effective  Oct.  6,  1915) 

Sec.  250.  Definitions. 
§  251.  Construction. 

252.  Brick  masonry. 

253.  Stone  masonry. 

254.  Hollow  building  block  masonry. 

255.  Ashlar. 

256.  Mortar. 

257.  Wall  thicknesses. 
§258.  Existing  walls. 

§  259.  Parapet  walls. 

§  260.  Hollow  walls. 

§  261.  Recesses  and  chases. 

§  262.  Miscellaneous  requirements. 

§  263.  Masonry  arches. 

Sec.  250.  Definitions.— For  the  purposes  of  this  chapter: 


BUILDING    CODE  95 

a.  approved  masonry  means  masonry  constructed  in  accordance 
with  the  requirements  of  this  article,  of  the  materials  specified 
therein; 

b.  bearing  wall  means  any  wall  which  carries  any  load  other  than 
its  own  weight; 

(B.  C.,  sec.  27,  rev.  from  L.  1882,  ch.  410,  §  42,  as  amend.) 

Where  many  buildings  have  one  roof  they  must  have  fire  walls  for  separate  build- 
ings. Landgon  v.  Fire  Dept.,  17  Wend.  234. 

c.  height,  as  applied  to  a  wall,  means  the  vertical  distance  to  the 
top  measured  from  the  foundation  wall,  or  from  a  girder  or  other 
immediate  support  of  such  wall. 

§  251.  Construction.  1.  Materials. — Approved  masonry  shall  be 
constructed  of  brick,  stone,  concrete,  hollow  building  blocks,  or  a 
combination  of  these  materials  as  provided  in  this  article.  It  shall 
be  properly  and  solidly  bonded  with  joints  filled  with  mortar. 

2.  Protection  against  freezing.     No  masonry  shall  be  built  when 
the  temperature  is  below  28  degrees  F.  on  a  rising  temperature  or 
32  on  a  falling  temperature  at  the  point  where  the  work  is  in  progress. 
No  frozen  materials  shall  be  built  upon. 

3.  Wetting  brick.     All  brick  shall  be  thoroughly  wet  just  previous 
to  being  laid,  except  in  freezing  weather,  when  they  shall  be  thor- 
oughly dry.  . 

4.  Erection  of  walls  and  piers.     Masonry  walls  and  piers  shall  be 
built  to  a  line  and  carried  up  plumb.     In  each  story  the  walls  shall 
be  carried  up  full  thickness  to  the  top  of  the  beams  above.     No 
wall  of  any  building  shall  be  built  up  more  than  two  stories  in  ad- 
vance of  any  other  portions  of  the  walls  of  the  building,  provided 
that  where  walls  are  carried  independently  by  girders  at  each  floor 
this  provision  shall  not  apply.     All  walls  that  meet  or  intersect  shall 
be  bonded  or  anchored  to  each  other  in  an  approved  manner.     Any 
pier  having  less  than  four  square  feet  of  cross  section  when  located 
at  an  intersection  with  a  wall  shall  be  bonded  into  and  built  as  part 
of  that  wall. 

5.  Piers.     Every  pier  supporting  a  girder,  arch,  column  or  lintel 
spanning  an  opening  over  10  feet,  upon  which  a  wall  rests,  shall  be 
built  of  approved  masonry.     Every  such  pier  having  a  neight  of 
more  than  ten  times  its  least  dimension,  and  every  isolated  pier 
built  of  brick  or  hollow  building  blocks,  having  less  than  9  square 
feet  of  cross  section  shall,  at  vertical  intervals,  of  not  more  than 
30  inches,  have  built  into  it  bond  stones  not  less  than  4  inches  thick?  or 
approved  perforated  steel  or  cast  iron  plates  of  the  full  size  of  the  pier. 
Isolated  piers  shall  not  exceed  in  height  ten  times  their  least  dimension. 

6.  Arches  and  lintels.     Door  and  window  openings  in  walls  shall 
be  spanned  by  arches,  or  lintels  having  a  bearing  at  each  end  of  not 
less  than  5  inches.     In  walls  of  non-fireproof  buildings,  when  the 
thickness  of  the  lintel  is  less  than  the  thickness  of  the  wall  to  be 
supported,  a  timber  lintel  may  be  placed  on  the  inside  of  the  wall 
resting  at  each  end  not  more  than  2  inches  on  the  wall,  and  cham- 
bered or  cut  to  serve  as  centre  for  a  rowlock  or  keyed  arch.     When 
the  opening  is  more  than  6  feet  in  width,  templates  shall  be  provided 
under  the  ends  of  lintels  resting  on  the  walls,  unless  the  pressure 
under  the  lintel  does  not  cause  a  working  stress  in  the  masonry 
greater  than  specified  in  article  3  of  this  chapter. 


96  CODE   OF   ORDINANCES  OF  THE   CITY   OF   NEW   YORK 

7.  Timber  in  walls.     No  timber,  except  lintels,  provided  for  in 
subdivision  6  of  this  section,  and  nailing  blocks  not  over  8  inches  in 
length,  shall  be  placed  in  any  masonry  wall. 

8.  Bracing  during  construction.     The  walls  and  beams  of  every 
building  during  erection  or  alteration  shall  be  strongly  braced  from 
the  beams  of  each  story,  and  when  required  shall  also  be  braced 
from  the  outside  until  the  building  is  enclosed. 

§  252.  Brick  masonry. — Except  when  laid  in  flemish  bond  or 
faced  with  running  bond,  every  sixth  course  in  brick  walls  shall  be 
a  heading  course.  When  running  bond  is  used,  every  sixth  course 
shall  be  bonded  into  the  backing  by  cutting  the  course  of  the  face 
brick  and  putting  in  diagonal  headers  behind  the  same,  or  by  split- 
ting the  face  brick  in  half  and  backing  the  same  with  a  continuous 
row  of  headers.  Where  face  brick  is  used  of  a  different  thickness 
from  the  brick  used  for  backing,  the  courses  of  the  face  brick  and 
backing  shall  be  brought  to  a  level  at  intervals  of  not  more  than 
six  courses  in  height  of  the  backing,  and  the  face  brick  shall  be  prop- 
erly tied  to  the  backing  by  a  full  heading  course  of  the  face  brick  or 
other  approved  method.  Face  brick  shall  be  laid  at  the  same  time 
as  the  backing,  and  shall  in  no  case  be  laid  after  the  backing  is  in 
place. 

§  253.  Stone  masonry.  1.  Workmanship. — No  stone  shall  be  laid 
in  a  wall  in  any  other  position  than  on  its  natural  bed.  Stones 
shall  be  firmly  bedded  in  cement  mortar  and  all  spaces  and  joints 
thoroughly  filled.  No  stone  shall  be  used  that  does  not  bond  or 
extend  into  the  wall  at  least  6  inches.  All  headers  shall  be  at  least 
12  inches  in  width  and  8  inches  in  thickness,  and  consist  of  good  flat 
stones. 

2.  Bond.     All  stone  walls  24  inches  or  less  in  thickness  shall  have 
at  least  one  header  extending  through  the  wall  in  every  three  feet  in 
height  from  the  bottom  of  the  wall,  and  in  every  three  feet  in  length, 
and  if  over  24  inches  in  thickness,  shall  have  one  header  for  every 
6  superficial  feet  on  both  sides  of  the  wall,  laid  on  top  of  each  other 
to  bond  together,  and  running  into  the  wall  at  least  2  feet. 

3.  Limitation.     Rubble  stone  walls,  except  for  foundations,  shall 
not  be  used  in  buildings  over  60  feet  high. 

§  254.  Hollow  building  block  masonry.  1.  Construction. — Where 
walls  of  hollow  building  blocks  are  decreased  in  thickness,  the  blocks 
in  the  top  course  of  the  thicker  wall  shall  be  filled  solidly  with  con- 
crete or  covered  with  slabs  of  hard  burned  terra  cotta  or  concrete 
at  least  1  inch  in  thickness.  Terra  cotta  or  concrete  templates  of 
approved  size  and  thickness  shall  be  placed  under  all  floor  beams 
and  girders  to  properly  distribute  the  loads. 

2.  Veneering.     Hollow  building  blocks  of  terra  cotta  used  in  ex- 
terior walls  shall  be  extra  hard  burned  or  veneered  with  brick, 
architectural  terra  cotta,  or  stone,  or  covered  on  the  exposed  surface 
with  at  least  three-quarters  of  an  inch  of  portland  cement  stucco. 
When  walls  of  hollow  building  blocks  are  veneered  with  brick,  the 
facing  shall  be  bonded  to  the  backing  with  headers  every  sixth 
course  of  the  brickwork. 

3.  Limitation.     Walls  of  hollow  building  blocks  shall  not  be  used 
in  buildings  over  forty  feet  in  height,  except  that  in  buildings  of 
skeleton  construction  terra  cotta  blocks  With  shells  and  webs  not 


BUILDING   C*DE  97 

less  than  one  inch  thick,  faced  with  at  least  four  inches  of  brick- 
work properly  bonded  as  specified  in  this  section,  may  be  used. 

§  255.  Ashlar. — Stone,  architectural  terra  cotta  or  other  approved 
material,  used  for  the  facing  of  any  wall  and  known  as  ashlar,  shall 
be  not  less  than  4  inches  thick.  Such  ashlar  shall  be  anchored  to 
the  wall  in  an  approved  manner.  Within  the  fire  limits  ashlar  shall 
not  be  used  in  any  wall  the  total  thickness  of  which  is  less  than  12 
inches. 

§  256.  Mortar. — In  the  following  masonry  construction  no  mortar 
other  than  cement  mortar  shall  be  used: 

a.  Foundation  walls  and  footings; 

b.  Rubble  stone  walls; 

c.  Hollow  building  block  construction; 

d.  Walls  faced  with  ashlar; 

e.  Isolated  piers; 

f.  Curtain  walls; 

g.  Exterior  walls  of  skeleton  structures; 
h.  Parapet  walls; 

1.  Chimneys  above  roofs; 

j.  Linings  of  existing  walls. 

§  257.  Wall  thicknesses.  1.  Application. — a.  The  thickness  of 
masonry  walls  shall  in  all  cases,  irrespective  of  any  other  require- 
ments of  this  section,  be  sufficient  to  keep  the  stresses  in  the  masonry 
within  the  working  stresses  prescribed  by  this  chapter. 

b.  The  heights  herein  specified,  unless  otherwise  clearly  indicated, 
are  the  heights  of  walls  as  defined  in  §  250. 

c.  In  all  cases  the  wall  thicknesses  herein  specified  shall  be  ap- 
plied to  the  nearest  tier  of  beams  to  the  height  specified. 

d.  Nothing  in  this  section  shall  prevent  the  use  in  any  wall  of  the 
same  amount  of  material  in  piers  and  buttresses  as  is  required  for  the 
thickness  herein  prescribed. 

e.  The  unsupported  height  of  any  wall  or  part  thereof  shall  not 
exceed  twenty  times  the  thickness  of  such  unsupported  part,  unless 
reinforced  by  adequate  cross-walls,  buttresses  or  columns. 

2.  Residence    buildings.      Except    as    hereinafter    provided,    the 
thicknesses  of  masonry  walls  of  residence  buildings  hereafter  erected 
shall  be  not  less  than  the  following: 

a.  when  over  75  feet  in  height,  12  inches  for  the  uppermost  25 
feet,  16  inches  for  the  next  lower  35  feet,  20  inches  for  the  next  lower 
40  feet,  with  a  4-inch  increase  for  each  additional  lower  section  of 
40  feet; 

b.  when  not  over  75  feet  in  height,  12  inches  for  the  uppermost 
55  feet,  and  16  inches  below  that. 

3.  Public  and   business   buildings.     Except  as  hereinafter  pro- 
vided the  thicknesses  of  masonry  walls  of  public  and  business  build- 
ings hereafter  erected  shall  be  not  less  than  the  following: 

a.  when  over  75  feet  in  height,  16  inches  for  the  uppermost  25 
feet,  20  inches  for  the  next  lower  35  feet,  24  inches  for  the  next 
lower  40  feet,  and  increasing  4  inches  for  each  additional  lower 
section  of  40  feet; 

b.  when  over  60  feet  and  not  over  75  feet  in  height,  16  inches  for 
the  uppermost  50  feet,  and  20  inches  below  that; 


98  CODE    OF   ORDINANCES  *f)P  THE   CITY   OF  NEW  YORK 

c.  when  over  40  feet  and  not  over  60  feet  in  height,  12  inches  for 
the  uppermost  20  feet,  and  16  inches  below  that. 

d.  when  not  over  40  feet  in  height,  12  inches  throughout. 

4.  Increased   thickness,    when   required,     a.  Every   bearing   wall 
with  face  brick  bonded  with  clip  courses  or  tiers,  and  every  bearing 
wall  faced  with  ashlar  shall  have  a  total  thickness  of  at  least  4  inches 
more  than  otherwise  required  unless  the  ashlar  is  at  least  8  inches 
thick  in  every  alternate  course  and  bonded  to  the  wall. 

b.  Every  wall  built  of  rubble  stone  shall  have  a  thickness  at  least 
4  inches  more  than  required  by  subdivisions  2  and  3  of  this  section, 
but  no  such  stone  wall  shall  be  less  than  18  inches  thick. 

c.  When  the  clear  span  between  bearing  walls  is  over  26  feet,  such 
walls  shall  be  increased  4  inches  in  thickness  for  every  12^  feet  or 
part  thereof  that  said  span  is  over  26  feet. 

d.  All  walls  over  105  feet  long  between  cross-walls  or  proper  piers 
or  buttresses,  shall  be  increased  in  thickness  over  the  minimum 
requirement  at  least  4  inches  for  every  105  feet,  or  part  thereof, 
over  105  feet  in  length. 

e.  If  the  horizontal  section  through  a  bearing  wall  shows  more 
than  thirty  per  cent,  area  of  flues  and  openings  such  part  of  the 
wall  where  the  excessive  openings  exist  shall  be  increased  four  inches 
in  thickness  over  minimum  requirements  for  every  fifteen  per  cent., 
or  fraction  thereof,  of  flue  or  opening  area  in  excess  of  thirty  per 
cent.,  provided  that  if  such  wall  be  laid  up  in  portland  cement  mortar 
the  increase  in  thickness  shall  be  required  only  when  the  area  of 
flues  and  openings  exceeds  forty-five  per  cent. ;  or,  instead  of  increasing 
such  wall  in  thickness,  adequate  piers  or  buttresses  shall  be  provided. 

f.  In  case  any  wall  is  increased  in  thickness  in  accordance  with 
one  of  the  requirements  of  this  subdivision,  it  will  not  be  necessary 
to  further  increase  the  thickness  to  meet  another  requirement  of 
this  subdivision,  unless,  in  the  judgment  of  the  superintendent  of 
buildings,  the  safety  of  the  wall  demands  it. 

5.  One-story  buildings.    In  one-story  buildings  the  walls  may  be 
8  inches  thick,  provided  that  no  such  wall  exceeds  50  feet  in  length 
between  cross-walls  or  adequate  buttresses. 

6.  Small  residence  buildings.    In  any  residence  building  bearing 
walls  of  brick  laid  in  Portland  cement  mortar  may  be  8  inches  in 
thickness,  provided  such  buildings  are  not  more  than  40  feet  in 
height  and  that  the  8-inch  walls  do  not  exceed  50  feet  in  length  be- 
tween cross-walls  or  adequate  buttresses,  except  that  when  the  walls 
are  not  pierced  by  openings  of  any  kind  such  length  may  be  60  feet. 

Adopted  June  29,  1920.    Became  effective  July  13,  1920. 

7.  Residence  buildings  outside  the  fire  limits.    Outside  of  the  fire 
limits  the  buttresses  of  walls  of  hollow  building  blocks  shall  be  not 
less  than  8  inches  for  the  uppermost  20  feet,  10  inches  for  the  next 
lower  10  feet,  and  12  inches  for  the  next  lower  10  feet. 

8.  Non-bearing  walls.     The  thicknesses  of  non-bearing  walls  of 
residence  buildings,  or  of  public  and  business  buildings  may  be  4 
inches  less  than  those  specified,  respectively,  in  subdivisions  2  and 
3  of  this  section  for  walls  of  corresponding  height,  provided  that 
no  such  wall  shall  be  less  than  12  inches  thick  nor  extend  for  more 
than  55  feet  in  height  without  any  increase  of  thickness. 


BUILDING    CODE  99 

9.  Curtain  walls.    Non-bearing  walls  built  between  piers  or  metal 
columns  shall  be  not  less  than  12  inches  thick  for  the  uppermost 
60  feet  of  height,  increasing  4  inches  in  thickness  for  each  next  lower 
section  of  60  feet. 

10.  Walls  of  skeleton  structures.     Masonry  walls  supported  at 
each  story  by  girders  may  be  12  inches  thick  for  the  entire  height 
of  the  building. 

11.  Interior  walls,     a.  In  residence  buildings,   interior  walls  of 
brick  or  concrete,  whether  bearing  or  non-bearing  walls,  may  be 
8  inches  thick  for  the  uppermost  55  feet  and  12  inches  for  the  next 
lower  20  feet,  provided  that  no  such  wall  shall  exceed  75  feet  in 
height  nor  30  feet  in  length  between  cross-walls  or  buttresses. 

b.  Interior  walls  over  75  feet  in  height  may  be  reduced  in  thick- 
ness in  such  proportion  to  the  number  of  cross-walls,  piers  or  but- 
tresses, and  their  nearness  to  each  other,  as  may  be  deemed  safe 
by  the  superintendent  of  buildings,  provided,  however,  that  such 
walls  shall  be  not  less  than  12  inches  thick  at  the  top,  and  shall  be 
gradually  increased  in  thickness  to  the  bottom. 
.  §  258.  Existing  walls.  1.  When  use  is  permitted  without  change. — 
Walls  heretofore  built,  whose  thickness  at  the  time  of  their  erection 
was  in  accordance  with  the  requirements  of  the  then  existing  laws, 
but  which  are  not  in  accordance  with  the  requirements  of  this  chap- 
ter, may  be  used  without  change,  if  in  good  condition,  in  buildings 
hereafter  erected  or  altered,  provided  the  stresses  in  the  masonry 
do  not  exceed  the  working  stresses  prescribed  by  this  chapter  and 
the  height  of  such  walls  be  not  increased  except  in  so  far  as  may  be 
necessary  to  make  the  height  uniform. 

2.  Lining  walls.  In  case  it  is  desired  to  use  and  increase  the 
height  of  any  existing  wall  which  is  less  in  thickness  than  required 
by  this  chapter,  such  wall  shall  be  reinforced  by  a  lining  of  brick- 
work so  that  the  combined  thickness  with  the  old  wall  shall  be  not 
less  than  4  inches  more  than  the  thickness  required  for  a  new  wall 
corresponding  with  the  total  height  of  the  wall  when  increased  in 
height,  provided  that  such  lining  shall  not  be  used  to  a  greater  height 
than  forty  feet  and  that  such  wall  shall  not  be  increased  to  exceed 
seventy-five  feet  in  height.  Such  lining  shall  be  supported  on  proper 
foundations,  and  shall  be  not  less  than  eight  inches  in  thickness, 
and  thoroughly  anchored  to  the  old  wall  with  suitable  anchors, 
placed  two  feet  apart  and  properly  fastened  or  driven  into  the  old 
wall  in  rows,  alternating  vertically  and  horizontally  with  each  other, 
the  old  wall  being  first  cleaned  of  plaster  or  other  coatings  where 
any  lining  is  to  be  built  against  the  same.  No  wall,  however,  shall 
be  lined  unless  in  good  condition  and  not  until  the  approval  of  the 
superintendent  of  buildings  has  been  given. 

§  259.  Parapet  walls. — All  exterior  and  division  or  party  walls  of 
masonry  over  15  feet  high,  except  in  detached  buildings  with  over- 
hanging roofs,  or  where  such  walls  are  to  be  finished  with  cornices, 
gutters  or  crown  mouldings,  shall  have  parapet  walls  carried  above 
the  roof.  For  residence  buildings  parapet  walls  shall  be  not  less 
than  eight  inches  thick  and  carried  at  least  two  feet  above  the  roof, 
except  that  in  party  walls  between  buildings  of  the  same  height  and 
not  over  forty  feet  in  height,  such  parapet  shall  be  not  less  than 
eight  inches  above  the  roof.  For  public  and  business  buildings 


100  CODE    OF   ORDINANCES   OP   THE    CITY    OF    NEW    YORK 

parapet  walls  shall  be  not  less  than  twelve  inches  thick,  and  carried 
at  least  three  feet  above  the  roof.  All  parapet  walls  shall  be  coped 
with  stone,  terra  cotta,  concrete  or  cast  iron. 

§  260.  Hollow  walls. — In  all  walls  that  are  built  hollow  the  same 
amount  of  masonry  shall  be  used  in  their  construction  as  if  they 
were  built  solid,  as  in  this  chapter  provided,  and  no  hollow  wall  shall 
be  built  unless  the  parts  of  same  are  connected  by  proper  ties,  either 
of  brick,  stone  or  iron,  placed  not  over  24  inches  apart. 

§  261.  Recess  and  chases.  1.  Stairway  and  elevator  recesses. — - 
Recesses  for  stairways  or  elevators  may  be  left  in  the  foundation 
walls  of  buildings,  but  in  no  case  shall  the  walls  be  of  less  thickness 
than  the  walls  of  the  fourth  story,  unless  reinforced  by  additional 
piers  with  iron  or  steel  girders,  or  iron  or  steel  columns  and  girders, 
securely  anchored  to  walls  on  each  side. 

2.  Alcoves.    Recesses  for  alcoves  and  similar  purposes  shall  have 
not  less  than  8  inches  of  brickwork  at  the  back  of  such  recesses,  and 
such  recesses  shall  be  not  more  than  8  feet  in  width,  and  shall  be 
arched  over  or  spanned  with  iron  or  steel  lintels,  and  not  carried  up 
higher  than  18  inches  below  the  bottom  of  the  beams  of  the  fldbr 
next  above. 

3.  Pipe-chases.    No  chase  for  pipes  or  other  purpose  shall  extend 
into  any  wall  more  than  one-third  of  its  thickness.    No  horizontal 
chase  in  any  wall  shall  exceed  4  feet  in  length.    No  chase  shall  be 
made  within  the  required  area  of  any  pier.     Chases  shall  not  be 
cut  in  walls  of  hollow  block  construction,  but  may  be  provided  by 
properly  formed  blocks.     Chases  shall  be  filled  up  with  solid  ma- 
sonry within  the  floor  thickness  at  each  story. 

4.  Limitations.     The  aggregate  area  of  recesses  and  chases  in 
any  wall  shall  not  exceed  one-fourth  of  the  whole  area  of  the  face 
of  the  wall  on  any  story.    No  recess  shall  be  made  within  a  distance 
of  6  feet  from  any  other  recess  in  the  same  wall. 

§  262.  Miscellaneous  requirements.  1.  Hollow  brick. — The  inside 
4  inches  of  walls  may  be  built  of  hard-burnt  hollow  brick,  properly 
tied  and  bonded  into  the  walls  and  of  the  dimension  of  ordinary  bricks. 

2.  Furring.    Where  hollow  blocks  of  any  kind  are  used  as  furring 
for  walls,  they  shall  not  be  included  in  the  measurement  of  the 
thickness  of  such  walls. 

3.  Fire  stops.     In  all  walls  furred  with  wood,  the  brickwork  be- 
tween the  ends  of  wood  beams  shall  project  the  thickness  of  the 
furring  beyond  the  inner  face  of  the  wall  for  the  full  depth  of  the 
beams. 

§  263.  Masonry  arches. — All  masonry  arches  shall  be  capable  of 
sustaining  the  weight  and  pressure  which  they  are  to  carry,  and  the 
stress  at  any  point  shall  not  exceed  the  working  stresses  prescribed 
by  this  chapter.  Tie  rods  shall  be  used  where  necessary  to  resist  the 
thrust. 

ARTICLE  14 

WOOD    CONSTRUCTION 

(As  amended  by  ord.  effective  May  1,  1915} 
Sec.  280.  Wood  beams  and  girders. 


BUILDING    CODE  101 

§  281.  Wood  columns  and  posts. 

§282.  Bolting. 

§  283.  Stud  partitions. 

§284.  Fire  stops. 

Sec.  280.  Wood  beams  and  girders.  1.  Width  of  beams. — No  wood 
floor  or  roof  beam  used  in  any  building  hereafter  erected  within 
the  fire  limits  shall  be  less  than  three  inches  thick. 

2.  Supports.     Every  wood  beam,  except  header  and  tail  beams, 
shall  have  bearings  of  at  least  four  inches.     The  ends  of  all  such 
beams,  where  they  rest  on  brick  walls,  shall  be  cut  to  a  level  of  three 
inches  in  their  depth.     In  no  case,  except  in  frame  buildings,  shall 
either  end  of  a  floor  or  roof  beam  be  supported  on  stud  partitions. 
All  wood  trimmer,  header  and  tail  beams  over  four  feet  in  length, 
unless  supported  on  a  wall  or  girder,  shall  be  hung  in  approved 
metal  stirrups  or  hangers. 

3.  Bridging.     All  wood  floor  and  roof  beams  shall  be  properly 
braced  with  cross  bridging.    The  distance  between  bridging  or  be- 
tween bridging  and  bearing  shall  not  exceed  eight  feet. 

4.  Anchoring,     a.  Beams  in  walls.     Each  tier  of  beams  shall  be 
anchored  to  the  walls  at  intervals  of  not  more  than  six  feet  with 
approved  steel  or  wrought  iron  anchors. 

D.  Beams  on  girders.  The  ends  of  wood  beams  resting  upon  girders 
shall  be  butted  end  to  end  and  strapped  by  steel  or  wrought  iron 
straps  in  the  same  beam  as  the  wall  anchors,  or  they  may  lap  each 
other  at  least  12  inches  and  be  well  spiked  or  bolted  together  where 
lapped. 

c.  Girders.     Wood  girders  shall  be  anchored  to  the  walls  and 
fastened  to  each  other  by  sukable  steel  or  wrought  iron  straps. 

d.  Anchor  strips.     Each  tier  of  wood  beams  running  parallel  to 
enclosing  walls  shall  be  anchored  to  such  walls  with  approved  anchor 
strips  and  similarly  to  every  pier. 

5.  Fire  prevention,     a.  Trimming  around  flues.     All  wood  beams 
shall  be  trimmed  away  from  all  flues  and  chimneys.     The  header 
and  trimmer  beams  shall  not  be  less  than  4  inches  from  the  outside 
face  of  the  chimney.    Any  header  beam  supporting  a  trimmer  arch 
in  front  of  a  fireplace  shall  be  not  less  than  20  inches  from  the  face 
of  the  chimney  breast. 

b.  Separation  in  walls.  Every  wooden  beam  in  any  masonry  or 
fire  wall  shall  be  separated  from  any  other  beam  in  the  wall  by  at 
least  four  inches  of  solid  masonry. 

§281.  Wood  columns  and  posts. — All  wood  columns  and  posts 
shall  be  squared  at  the  ends  perpendicular  to  their  axes,  and  cap 
and  base  plates  shall  be  provided.  Where  the  cap  plate  of  a  wood 
column  or  post  supports  a  wood  girder,  any  column  above  shall 
bear  directly  on  the  cap  and  shall  not  rest  on  the  girder.  Additional 
iron  or  steel  cheek  plates  shall  be  placed  between  the  cap  and  base 
plates  and  bolted  to  the  girders,  when  required  to  transmit  the  loads 
with  safety. 

§  282.  Bolting. — All  bolts  in  wood  construction  shall  be  provided 
with  washers  of  such  proportions  that  the  compression  on  the  wood 
at  the  face  of  the  washer  will  not  exceed  the  working  stresses  pre- 
scribed in  this  chapter. 


102  CODE   OF   ORDINANCES   OF   THE   CITY   OF   NEW   YORK 

§  283.  Stud  partitions. — Stud  partitions  which  rest  directly  over 
each  other  and  are  not  parallel  with  wood  floor  beams  shall  run 
down  between  the  wood  floor  beams  and  rest  on  the  top  plate  of 
the  partition  below  and  shall  have  the  studding  filled  in  solid  be- 
tween the  uprights  to  the  depth  of  the  floor  beams  with  suitable 
incombustible  materials. 

§284.  Fire  stops.  1.  Studded-off  spaces. — Where  walls  are  studded- 
off,  the  space  between  the  inside  face  of  the  wall  and 'the  studding 
directly  over  such  space  shall  be  fire-stopped  with  fireproof  material, 
for  a  depth  of  not  less  than  4  inches,  securely  supported;  or  the  beams 
directly  over  the  studded-off  space  shall  be  defended  with  not  less 
than  4  inches  of  fireproof  material. 

2.  Wainscoting.  The  surface  of  the  wall  or  partition  behind  wain- 
scoting shall  be  plastered  flush  with  the  grounds  and  down  to  the 
floor  line. 

Sections  443,  444  and  445  of  Article  21  of  Chapter  5  of  the  Code 
of  Ordinances  of  the  City  of  New  York  are  hereby  repealed. 


ARTICLE  15 

IRON   AND   STEEL  CONSTRUCTION 

(As  amended  by  ord.  effective  May  1,  1915) 

Sec.  300.  Cast-iron  columns. 
!}  301.  Steel  columns. 
i  t  302.  Column  bases. 

303.  Lintels,  beams  and  girders, 

304.  Framing  and  connecting. 

305.  Trusses. 
§306.  Riveting. 
§307.  Bolting. 
§  308.  Tie  rods. 

309.  Templates. 

310.  Protection  against  corrosion. 

311.  Protection  against  fire. 

312.  Metal  fronts. 

i  313.  Use  of  old  materials. 

Sec.  300.  Cast  iron  columns.  1.  Dimensions. — Cast  iron  columns 
shall  not  have  a  smaller  outside  diameter  or  side  than  5  inches,  nor 
shall  they  have  an  unsupported  length  greater  than  that  allowed  by 
§  52  of  this  chapter. 

2.  Thickness  of  metal.  The  thickness  of  metal  shall  be  not  less 
than  one-twelfth  the  diameter  or  least  dimension  of  cross  section, 
but  never  less  than  three-fourths  of  an  inch.  When  necessary,  the 
thickness  shall  be  increased  near  the  end  so  that  the  core  of  a  column 
below  a  joint  shall  not  be  larger  than  the  core  of  the  column  above, 
in  which  case  the  metal  may  be  tapered  down  for  a  distance  of  not 
less  than  6  inches;  or  a  joint  plate  may  be  inserted  of  sufficient 
strength  to  distribute  the  load.  Wherever  the  core  of  a  cast  iron 
column  has  shifted  more  than  one-fourth  the  thickness  of  the  shell 


BUILDING  CODE  103 

the  thickness  of  the  metal  all  around  shall  be  assumed  equal  to  the 
thinnest  part. 

3.  Workmanship,    a.  Joints.    Cast  iron  columns  shall  be  machine 
faced  at  the  end  to  a  true  surface  perpendicular  to  the  axis.    They 
shall  be  bolted  together  with  at  least  four  bolts,  not  less  than  three- 
quarters  of  an  inch  in  diameter,  passing  through  the  flanges,  the  bolts 
being  of  sufficient  length  to  allow  the  nuts  to  be  screwed  up  tightly; 
and  as  each  column  is  placed  in  position,  the  bolts  shall  also  be  placed 
in  position  and  the  nuts  shall  be  screwed  up  tightly. 

b.  Flanges.    Where  cast  iron  columns  rest  one  on  top  of  another, 
the  top  flange  of  the  lower  column  shall  project  on  all  sides  not  less 
than  three  inches  from  the  outer  surfaces  of  the  column,  and  the 
shape  and  dimensions  of  the  bottom  flange  of  the  upper  column 
shall  be  the  same  as  those  of  the  top  flange  of  the  lower  column, 
except  that  when  a  column  is  placed  on  a  lot  line,  the  flanges  on  the 
side  toward  such  lot  line  may  be  omitted,  if  not  required  for  bolting. 
Flanges  shall  be  at  least  one  inch  in  thickness  when  finished,  and 
reinforced  by  fillets  and  brackets  when  necessary. 

c.  Bolt  holes.    All  holes  in  cast  iron  columns  shall  be  drilled.    The 
diameter  of  the  holes  shall  not  exceed  that  of  the  bolts  by  more  than 
one-sixteenth  of  an  inch. 

4.  Limitation.     Cast  iron  columns  shall  not  be  used  in  any  case 
where  the  load  is  so  eccentric  as  to  cause  tension  in  the  cast  iron. 
Nor  shall  they  be  used  for  such  parts  of  the  structural  frame  of 
buildings  which  are  required  to  resist  stresses  due  to  wind. 

5.  Inspection.'   No  cast  iron  column  shall  be  set  in  place  until  it 
has  passed  an  inspection  satisfactory  to  the  superintendent  of  build- 
ings.    Wherever  blowholes  or  imperfections  are  found  in  a  cast  iron 
column  which  reduces  the  area  of  the  cross  section  at  that  point 
more  than  10  per  cent,  such  column  shall  be  condemned.     Cast  iron 
columns  not  cast  with  one  open  side  or  back,  shall  have  three-eighths 
inch  holes  drilled  in  the  shaft  to  exhibit  the  thickness  of  the  castings, 
as  may  be  required  by  the  superintendent  of  buildings.     Cast  iron 
columns  shall  not  be  painted  before  inspection. 

§  301.  Steel  columns.    1.  Length. — No  steel  column  shall  have  an 
unsupported  length  greater  than  that  allowed  by  §  52  of  this  chapter. 

2.  Design.     No  part  of  a  steel  column  shall  be  less  than  one- 
quarter  of  an  inch  thick.     No  material,  whether  in  the  body  of  the 
column  or  used  as  a  lattice  bar  or  stay  plate,  shall  be  used  of  less 
thickness  than  one  thirty-second  of  its  unsupported  width,  measured 
between  centres  of  rivets  transversely,  or  one-sixteenth  the  distance 
between  centres  of  rivets  in  the  direction  of  the  stress.     Stay  plates 
are  to  have  not  less  than  4  rivets,  and  are  to  be  spaced  so  that  the 
ratio  of  length  to  the  least  radius  of  gyration  of  the  parts  connected 
does  not  exceed  40,  the  distance  between  nearest  rivets  of  two  stay 
plates  in  this  case  being  considered  as  length.     In  built-up  columns 
the  thickness  of  any  outstanding  member  shall  not  be  less  than  one- 
twelfth  the  width  of  the  outstanding  portion. 

3.  Joints.     The  ends  of  all  columns  shall  be  faced  to  a  plane  sur- 
face at  right  angles  to  the  axis  of  the  columns.    Wherever  practicable 
the  connection  between  them  shall  be  made  with  splice  plates. 
When  splice  plates  cannot  be  used  a  connection  formed  of  plates  and 
angles,  designed  to  properly  distribute  the  stress,  may  be  used. 


104  CODE   OF   ORDINANCES   OP  THE   CITY   OF  NEW   YORK 

Where  any  part  of  the  section  of  a  column  projects  beyond  that  of 
the  column  above  or  below,  the  difference  shall  be  made  up  by  filling 
plates  secured  to  the  column  by  the  proper  number  of  rivets.  All 
column  connections  shall  be  riveted. 

§  302.  Column  bases. — Whenever  necessary  to  properly  distribute 
the  load,  iron  or  steel  shoes  shall  be  used  under  the  bottom  tier  of 
columns.  Cast  iron  bases  or  shoes  shall  be  not  less  than  one  inch 
thick  in  any  part.  If  any  side  of  the  bed  plate  exceeds  three  feet  in 
length,  a  reinforcing  flange  at  least  four  inches  high  shall  be  provided 
around  the  outer  edges.  All  cast  iron  bases  or  shoes  shall  be  planed 
on  top,  and,  when  resting  on  steel  girders,  on  both  top  and  bottom. 
Bases  or  shoes  of  steel  plates  and  shapes  shall  be  designed  to  meet 
the  requirements  of  §  301  of  this  chapter.  Nothing  in  this  section 
shall  prevent  iron  or  steel  bases  being  made  as  a  part  of  the  columns. 

§  303.  Lintels,  beams  and  girders.  1.  Cast  iron  lintels. — Cast 
iron  lintels  shall  not  be  less  than  three-quarters  of  an  inch  in  thick- 
ness at  any  point,  and  shall  not  be  used  for  spans  exceeding  six  feet. 

2.  Double  beams  as  girders.     When  rolled  steel  beams  are  used 
in  pairs  to  form  a  girder,  they  shall  be  connected  together  by  sep- 
arators at  intervals  of  not  more  than  5  feet.     All  beams  12  inches 
and  over  in  depth  shall  have  at  least  2  bolts  to  each  separator. 

3.  Riveted  girders.     The  thickness  of  the  web  in  riveted  girders 
shall  be  not  less  than  one-one  hundred  and  twentieth  of  the  distance 
between  flange  angles,  and  in  no  case  less  than  one-quarter  of  an 
inch.     If  the  unsupported  depth  of  the  web  plate  exceeds  60  times 
its  thickness,  stiff eners  shall  be  used  at  intervals  not  exceeding  120 
times  the  thickness  of  the  web.     Stiff  eners  of  sufficient  strength 
shall  also  be  provided  over  supports  and  under  concentrated  loads. 

4.  Lateral  bracing.     The  compression  flanges  of  steel  beams  and 
girders  shall  be  secured  against  buckling,  if  the  length  exceeds  twenty 
times  their  width  unless  the  working  stresses  in  such  flanges  are  pro- 
portioned to  the  ratio  of  length  to  width  as  provided  for  steel  columns 
in  §  52  of  this  chapter. 

§  304.  Framing  and  connecting. — All  columns,  beams,  trusses  and 
all  other  iron  or  steel  work  shall  be  suitably  framed  and  connected 
together  and  to  the  walls.  All  beams  framed  into  and  supported  by 
other  beams  or  girders  shall  be  connected  thereto  by  angles  or  knees 
of  a  proper  size  and  thickness,  with  sufficient  bolts  or  rivets  to  trans- 
mit the  entire  load,  or  by  seats  of  sufficient  strength  and  the  neces- 
sary angles  or  knees  to  hold  the  beam  in  place.  Beams  resting  on 
girders  shall  be  securely  riveted  or  bolted  to  the  same. 

§  305.  Trusses.  1.  General  design. — Trusses  shall  be  of  such  de- 
sign that  'the  stresses  in  each  member  can  be  calculated. 

2.  Lateral  bracing.     All  trusses  shall  be  held  rightly  in  position  by 
efficient  systems  of  lateral  or  sway  bracing. 

3.  Tension  members.     For  tension  members,  the  actual  net  area 
only,  after  deducting  rivet  holes  one-eighth  inch  larger  than  the  rivets 
shall  be  considered  as  resisting  the  stress. 

4.  Compression  members.    Compression  members  hi  phi-connected 
trusses  shall  be  designed  so  that  the  stresses  shall  not  exceed  75  per 
cent,  of  the  permissible  working  stresses  for  columns. 

5.  Eye  bars.    The  heads  of  all  eye  bars  shall  be  made  by  upsetting 
or  forging.    No  weld  will  be  allowed  in  the  body  of  the  bar.    Steel 


BUILDING    CODE  105 

eye  bars  shall  be  annealed.  Bars  shall  be  straight  before  boring. 
Eyes  and  screw  ends  shall  be  so  proportioned  that  upon  test  to 
destruction,  fracture  will  take  place  in  the  body  of  the  member. 

6.  Pins.  All  pins  shall  be  accurately  turned.  All  phi-holes  shall 
be  bored  true  and  at  right  angles  to  the  axis  of  the  members,  and 
must  fit  the  pins  within  one-thirty-second  of  an  inch. 

§  306.  Riveting.  1.  When  required. — All  component  parts  of 
built-up  columns,  girders  and  trusses,  including  any  splices  in  the 
same,  shall  be  riveted. 

2.  Spacing  of  rivets.     The  pitch  of  rivets  shall  never  be  less  than 
three  diameters  of  the  rivet,  nor  more  than  6  inches.     In  the  direc- 
tion of  the  stress  it  shall  not  exceed  16  times  the  least  thickness  of 
the  outside  member.    At  right  angles  to  the  stress  it  shall  not  exceed 
32  times  the  least  thickness  of  the  outside  member. 

3.  Distance  from  edge.     The  distance  from  centre  of  a  rivet  hole 
to  the  edge  of  the  material  shall  not  be  less  than : 

%  of  an  inch  for  ^4-inch  rivets; 
1  inch  for  6/s-inch  rivets; 
134  inches  for  %-inch  rivets; 
1^2  inches  for  7/s-inch  rivets; 
1%  inches  for  1-inch  rivets. 

4.  Length.     The  lengths  of  rivets,  between  heads,  shall  not  ex- 
ceed five  times  the  diameters. 

5.  Driving.     All  shop  rivets,  wherever  practicable,  shall  be  ma- 
chine driven.     Rivets  shall  fill  the  holes  completely .     Rivet  heads 
shall  be  hemispherical  and  concentric  with  the  axis  of  the  rivet. 

§  307.  Bolting.  1.  When  permitted. — Where  riveting  is  not  re- 
quired by  the  provisions  of  this  chapter  connections  may  be  effected 
by  bolts  of  mild  steel,  with  United  States  standard  threads.  The 
threads  shall  be  full  and  clean,  the  nut  shall  be  truly  concentric 
with  the  bolt,  and  the  thread  shall  be  of  sufficient  length  to  allow 
the  nut  to  be  screwed  up  tightly. 

2.  Suspenders.  When  the  bolts  are  used  for  suspenders,  the  work- 
ing stress  shall  be  reduced  to  9,000  pounds  per  square  inch  of  net 
area,  and  the  load  shall  be  transmitted  into  the  head  or  nut  by 
suitable  washers. 

§  308.  Tie  rods. — Whenever  tie  rods  may  be  required  by  the  pro- 
visions of  this  chapter  in  connection  with  iron  and  steel  construction 
they  shall  be  at  least  three-fourths  of  an  inch  in  diameter.  Holes 
for  tie  rods  in  floor  arches  shall  be  placed  as  near  the  thrust  of  the 
arch  as  practicable.  The  distance  between  tie  rods  in  floors  or  roofs 
shall  not  exceed  8  times  the  depth  of  the  beams  nor  8  feet  in  any 
case. 

§  309.  Templates. — When  any  lintel,  beam,  girder  or  truss  is 
supported  at  either  end  by  a  wall  or  pier,  it  shall  be  properly  an- 
chored thereto  and  shall  rest  upon  a  template  or  shoe  of  cast  iron, 
steel  or  stone  of  such  design  and  dimensions  as  to  safely  distribute 
its  load  on  the  masonry,  except  that  when  beams,  not  exceeding  6 
inches  in  depth,  are  placed  not  more  than  30  inches  on  centres,  no 
templates  shall  be  required. 

§  310.  Protection  tujtiinxt  corrosion.  1.  Painting. — All  structural 
iron  and  steel  work  shall  be  cleaned  of  all  scale,  dirt  and  rust  and  be 
thoroughly  coated  with  one  coat  of  paint  before  erection,  except 


106  CODE    OF   ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

that  cast  iron  columns  shall  not  be  painted  until  after  inspection. 
Where  surfaces  in  riveted  work  come  in  contact,  they  shall  be  painted 
before  assembling.  After  erection  all  work  shall  be  painted  at  least 
one  additional  coat  of  a  different  shade  than  the  first. 

2.  Subaqueous  work.  All  iron  or  steel  used  under  water  shall  be 
encased  in  concrete. 

§  311.  Protection  against  fire. — Any  iron  or  steel  construction 
hereafter  placed  in  any  building  to  support  a  wall  or  part  thereof  or 
a  sidewalk,  shall  be  protected  with  not  less  than  two  inches  of  fire- 
proof material  securely  applied,  except  that  in  non-fireproof  build- 
ings such  protection  shall  not  be  required  for  columns  immediately 
above  the  sidewalk  level  supporting  walls  fronting  on  streets. 

§  312.  Metal  fronts. — Metal  fronts  or  facias  hereafter  erected  on 
the  exterior  of  buildings  over  one  story  high  shall  be  backed  up  or 
filled  in  with  masonry  not  less  than  8  inches  thick. 

§  313.  Use  of  old  material. — Nothing  in  this  article  shall  prevent 
the  use  of  old  steel  or  wrought  iron  shapes,  provided  that  the  work- 
ing stresses  used  do  not  exceed  three-fourths  of  those  specified  in 
this  chapter  for  steel,  and  that  the  provisions  of  this  article  are 
otherwise  complied  with. 

ARTICLE  16 

REINFORCED  CONCRETE  CONSTRUCTION 

(As  amend,  by  ord.  effective  Oct.  6,  1915) 

Sec.  330.  Definitions. 
§  331.  Application. 
§  332.  Concrete. 
§  333.  Reinforcement. 
§  334.  Working  stresses. 
§  335.  Slabs  and  beams. 
§  336.  Use  of  fillers  in  floor  construction. 
§337.  Columns. 
§338.  Walls. 

§  339.  Protection  of  reinforcement. 
§340.  Load  tests. 
§  341.  Rules. 

Sec.  330.  Definitions. — For  the  purposes  of  this  article 

a.  reinforced  concrete  means  any  construction  in  accordance  with 
the  provisions  of  this  article,  of  approved  concrete  in  which  steel  is 
imbedded  in  such  a  manner  as  to  increase  its  strength; 

b.  the  span  of  beams  and  slabs  means  the  distance  from  centre 
to  centre  of  supports,  but  not  necessarily  exceeding  the  clear  span 
plus  the  depth  of  beam  or  slab,  provided  that  brackets  shall  not  be 
considered  as  reducing  the  clear  span; 

c.  the    length   of    columns   means    the    maximum    unsupported 
length; 

d.  the  effective  area  of  a  concrete  column  with  lateral  reinforce- 
ment means  the  area  of  concrete  within  the  hoops  or  bands. 

§.331.  Application. — Reinforced    concrete   may    be   used   for   all 


BUILDING    COBE  107 

types  of  construction,  provided  the  material  and  design  conform  to 
the  requirements  of  tnis  article  and  such  rules  as  may  be  adopted  by 
the  superintendent  of  buildings  to  secure  safety  in  construction  and 
uniformity  in  practice. 

§  332.  Concrete.  1.  Mixture. — The  concrete  for  reinforced  con- 
crete structures  shall  consist  of  a  wet  mixture  of  one  part  of  port- 
land  cement  to  not  more  than  six  parts  of  aggregate,  fine  and  coarse, 
either  in  the  proportion  of  one  part  of  cement,  two  parts  of  fine 
aggregate  and  four  parts  of  coarse  aggregate,  or  in  such  proportion 
that  the  resistance  of  the  concrete  to  crushing  shall  not  be  less  than 
two  thousand  pounds  per  square  inch  after  hardening  for  twenty- 
eight  days. 

2.  Aggregate,  a.  Fine. — Fine  aggregate  shall  consist  of  sand, 
crushed  stone  or  gravel  screenings,  passing  when  dry  a  screen  having 
one-quarter-inch  diameter  holes,  and  not  more  than  six  per  cent, 
passing  a  sieve  having  one  hundred  meshes  per  lineal  inch,  and  of 
such  quality  that  mortars  composed  of  one  part  pqrtland  cement 
and  three  parts  fine  aggregate  by  weight  when  made  into  briquettes 
will  show  a  tensile  strength  of  at  least  two  hundred  and  forty  pounds 
per  square  inch  at  twenty-eight  days. 

b.  Coarse.  Coarse  aggregate  shall  consist  of  crushed  stone  or 
gravel  which  is  retained  on  a  screen  having  one-quarter-inch  diameter 
Holes  and  graded  in  size  from  small  to  large  particles.  The  maximum 
size  shall  be  such  that  all  the  aggregate  will  pass  through  a  one-inch 
diameter  ring.  All  aggregate  shall  be  clean,  hard,  durable,  and  free 
from  deleterious  material. 

§  333.  Reinforcement. — The  steel  reinforcement  shall  conform  to 
such  requirements  as  may  be  adopted  by  the  superintendent  of 
buildings,  or,  in  the  absence  of  such  requirements,  to  the  standard 
specifications  of  the  American  Society  for  Testing  Materials  for  steel 
reinforcement  bars.  Nothing  herein  contained  shall  prevent  the 
use  of  steel  wire  or  fabric  for  the  reinforcement  of  slabs,  for  lateral 
reinforcement  of  columns,  or  for  resistance  to  shrinkage  and  tem- 
perature stresses. 

§  334.  Working  stresses. — Reinforced  concrete  structures  shall  be 
so  designed  that  the  stresses  in  pounds  per  square  inch  shall  not 
exceed  the  following: 

Extreme  fibre  stress  on  concrete  in  compression 650 

Concrete  in  direct  compression 500 

Shearing  stress  in  concrete  when  all  diagonal  tension  is  re- 
sisted by  steel 150 

Shearing  stress  in  concrete  when  diagonal  tension  is  not  re- 
sisted by  steel 40 

Bond  stress  between  concrete  and  plain  reinforcement 

Bond  stress  between  concrete  and  approved  deformed  bars . 

Tensile  stress  in  steel  reinforcement 16,000 

Tensile  stress  in  cold  drawn  steel  wire  or  fabric,  35  per  cent. 

of  the  elastic  limit  but  not  more  than '. .  .  .  20,000 

In  continuous  beams  the  extreme  fibre  stress  on  concrete  in  com- 
pression may  be  increased  fifteen  per  cent,  adjacent  to  supports. 

The  ratio  of  the  moduli  of  elasticity  of  1 :2 :4  stone  or  gravel  con- 
crete and  steel  shall  be  taken  as  one  to  fifteen.  The  ratio  of  the 


108  CODE    OF   ORDINANCES    OF   THE    CITY    OF   NEW   YORK 

moduli  of  elasticity  of  1:1:JH>:3  stone  or  gravel  concrete  and  steel 
shall  be  taken  as  one  to  twelve. 

§  335.  Slabs  and  beams.  1.  Thickness. — Slabs  shall  not  be  less 
than  four  inches  in  thickness  for  floors  and  three  and  one-half  inches 
for  roofs. 

2.  Tee-beams.    Where  adequate  bond  between  slab  and  web  of 
beams  is  provided,  the  slab  may  be  considered  as  an  integral  part 
of  the  beam  provided  its  effective  width  shall  not  exceed  on  either 
side  of  the  beam  one-fourth  of  the  span  length  of  the  beam  nor  be 
greater  than  four  times  the  thickness  of  the  slab  on  either  side  of 
the  beam,  the  measurements  being  taken  from  edge  of  web. 

3.  Placing  of  reinforcement.    All  reinforcement  shall  be  accurately 
located  and  secured  against  displacement.     The  reinforcement  for 
slabs  shall  not  be  spaced  farther  apart  than  two  and  one-half  times 
the  thickness  of  the  slab. 

4.  Web  reinforcement.     Members  of  web  reinforcement  shall  be 
so  designed  as  to  adequately  take  up  throughout  their  length  all 
stresses  not  taken  up  by  the  concrete.    They  shall  not  be  spaced  to 
exceed  three-fourths  of  the  depth  of  the  beam  in  that  portion  where 
the  web  stresses  exceed  the  allowable  value  of  concrete  in  shear. 
Web  reinforcement,  unless  rigidly  attached,  shall  be  placed  at  right 
angles  to  the  axis  of  the  beam  and  carried  around  the  tension  mem- 
bers. 

§  336.  Use  of  fillers  in  floor  construction. — When  hollow  tile,  con- 
crete blocks  or  other  acceptable  fillers  are  used  in  any  reinforced 
concrete  floor  construction,  the  reinforced  concrete  members  of 
such  floor  construction  shall  be  designed  in  accordance  with  the 
provisions  of  this  article  to  take  the  entire  loads,  provided,  however, 
that  when  the  fillers  do  not  exceed  sixty  per  cent,  of  the  construc- 
tion, not  more  than  two  and  one-half  inches  of  concrete  shall  be 
required  over  the  fillers. 

§  337.  Columns.  1.  With  longitudinal  reinforcement  only. — In  con- 
crete columns,  having  not  less  than  one-half  nor  more  than  four 
per  cent,  of  vertical  reinforcement  secured  against  lateral  displace- 
ment by  one-quarter-inch  steel  ties  placed  not  farther  apart  than 
fifteen  diameters  of  the  vertical  rods  nor  more  than  twelve  inches, 
the  allowable  load  shall  be  five  hundred  pounds  per  square  inch  on 
the  concrete,  plus  seven  thousand  five  hundred  pounds  on  the  ver- 
tical reinforcement. 

2.  With  longitudinal  and  lateral  reinforcement.  In  concrete  col- 
umns, having  not  less  than  one-half  nor  more  than  two  per  cent, 
of  hoops  or  spirals  spaced  not  farther  apart  than  one-sixth  of  the 
diameter  of  the  enclosed  column  nor  more  than  three  inches,  and 
having  not  less  than  one  nor  more  than  four  per  cent,  of  vertical 
reinforcement,  the  allowable  load  shall  be  five  hundred  pounds  per 
square  inch  on  the  effective  area  of  the  concrete,  plus  seven  thousand 
five  hundred  pounds  per  square  inch  on  the  vertical  reinforcement, 
plus  a  load  per  square  inch  on  the  effective  area  of  the  concrete  equal 
to  two  times  the  percentage  of  lateral  reinforcement  multiplied  by 
the  tensile  stress  in  the  lateral  reinforcement  prescribed  by  §  334 
of  this  article.  The  percentage  of  lateral  reinforcement  being  the 
volume  of  the  hoops  or  spirals  divided  by  the  volume  of  the  enclosed 
concrete  in  a  unit  length  of  column.  The  hoops  or  spirals  shall 


BUILDING   CODE  109 

be  rigidly  secured  to  at  least  four  verticals  to  insure  uniform  spac- 
ing. 

3.  Structural  steel  and  concrete.     In  columns  of  structural  steel, 
thoroughly  encased  in  concrete  not  less  than  four  inches  thick  and 
reinforced  with  not  less  than  one  per  cent,  of  steel,  the  allowable 
load  shall  be  sixteen  thousand  pounds  per  square  inch  on  the  struc- 
tural steel.     The  percentage  of  reinforcement  being  the  volume  of 
the  reinforcing  steel  divided  by  the  volume  of  the  concrete  enclosed 
by  the  reinforcing  steel.    Not  more  than  one-half  of  the  reinforcing 
steel  shall  be  placed  vertically.    The  reinforcing  steel  shall  not  be 
placed  nearer  than  one  inch  to  the  structural  steel  or  to  the  outer 
surface  of  the  concrete.    The  ratio  of  length  to  least  radius  of  gyra- 
tion of  structural  steel  section  shall  not  exceed  one  hundred  and 
twenty. 

4.  When  richer  concrete  is  used.     In  concrete  columns  the  com- 
pression on  the  concrete  may  be  increased  twenty  per  cent,  when 
the  fine  and  coarse  aggregates  are  carefully  selected  and  the  propor- 
tion of  cement  to  total  aggregate  is  increased  to  one  part  of  cement 
to  not  more  than  four  and  one-half  parts  of  aggregate,  fine  and 
coarse,  either  in  the  proportion  of  one  part  of  cement,  one  and  one- 
half  parts  of  fine  aggregate  and  three  parts  of  coarse  aggregate,  or 
in  such  proportion  as  will  secure  the  maximum  density.     In  such 
cases,  however,  the  compressive  stress  in  the  vertical  steel  shall  not 
exceed  seven  thousand  two  hundred  pounds  per  square  inch. 

5.  Eccentric  loads.    Bending  stresses  due  to  eccentric  loads  shall 
be  provided  for  by  increasing  the  section  of  concrete  or  steel  until 
the  maximum  stress  shall  not  exceed  the  allowable  working  stress. 

6.  Length.    In  columns,  the  ratio  of  length  to  least  side  or  diameter 
shall  not  exceed  fifteen,  but  in  no  case  shall  the  least  side  or  diameter 
be  less  than  twelve  inches. 

§  338.  Walls. — Enclosure  walls  of  reinforced  concrete  shall  be 
securely  anchored  at  all  floors.  The  thickness  shall  not  be  less  than 
one-twentieth  of  the  unsupported  height,  but  in  no  case  less  than 
eight  inches.  The  steel  reinforcement,  running  both  horizontally 
and  vertically,  shall  be  placed  near  both  faces  of  the  wall;  the  total 
weight  of  such  reinforcement  shall  be  not  less  than  one-half  pound 
per  square  foot  of  wall. 

§  339.  Protection  of  reinforcement. — The  reinforcement  in  columns 
and  girders  shall  be  protected  by  a  minimum  of  two  inches  of  con- 
crete; in  beams  and  walls  by  a  minimum  of  one  and  one-half  inches; 
in  floor  slabs  by  a  minimum  of  one  inch;  and  in  footings  by  a  mini- 
mum of  four  inches  of  concrete. 

§  340.  Load  tests. — The  builder  may  be  required  to  make  load 
tests  on  any  portion  of  a  reinforced  concrete  structure  within  a 
reasonable  time  after  erection.  The  tests  shall  be  made  under  the 
direction  of  the  superintendent  of  buildings,  and  shall  show  that 
the  construction  will  sustain  safely  a  load  of  one  and  three-quarter 
times  the  live  load  for  which  it  was  designed. 

§  341.  Rules. — The  rules  governing  reinforced  concrete  in  build- 
ing construction,  heretofore  adopted  by  the  superintendent  of  build- 
ings, so  far  as  they  are  consistent  with  the  provisions  of  this  article, 
shall  remain  effective  until  amended  or  repealed  by  the  superin- 
tendent of  buildings. 


110  CODE    OF   ORDINANCES   OP   THE    CITY    OF   NEW    YORK 

ARTICLE  17 

FIREPROOF   CONSTRUCTION 

(As  amended  by  ord.  effective  Oct,  6,  1915} 

Sec.  350.  Walls. 

§  351.  Iron  and  steel  construction.- 

§  352.  Masonry. 

§  353.  Reinforced  concrete. 

354.  Floors  and  roofs. 

355.  Partitions. 

356.  Interior  finish. 

357.  Exterior  windows. 

358.  Approvals. 

Sec.  350.  Walls. — The  exterior  walls  or  piers  of  fireproof  build- 
ings shall  be  approved  masonry  or  reinforced  concrete. 

§  351.  Iron  and  steel  construction.  1.  General. — All  metal  struc- 
tural members  which  support  loads  or  resist  stresses,  in  fireproof 
buildings,  shall  be  entirely  encased  in  fireproofing  material  securely 
applied  as  hereinafter  specified. 

2.  Columns,    a.  In  exterior  walls. — Iron  or  steel  columns  placed 
within  exterior  walls  or  along  the  outer  lines  of  a  building  shall  be 
encased  with  approved  masonry  not  less  than  eight  inches  thick  on 
their  outer  and  side  surfaces,  nor  less  than  four  inches  thick  on  then* 
inner  surfaces. 

b.  Interior.    Iron  and  steel  columns  used  in  the  interior  of  a  build- 
ing shall  be  encased  on  all  sides  with  fireproofing  materials  not  less 
than  two  inches  thick. 

c.  Lugs  and  brackets.    The  extreme  outer  edges  of  lugs,  brackets 
or  other  supporting  parts  of  columns  shall  not  extend  nearer  than 
one  inch  to  the  outer  surface  of  the  fireproof  casing. 

d.  Protection  to  fireproofing.     Where  the  fireproofing  of  columns 
is  exposed  to  damage  from  trucking  or  handling  of  merchandise,  the 
superintendent  of  buildings  may  require  such  fireproofing  to  be 
jacketed  for  a  height  of  three  feet  from  the  floor  with  a  protective 
covering. 

3.  Beams  and  girders.    Iron  or  steel  beams  and  girders  shall  be 
entirely  encased  in  fireproofing  materials  not  less  than  two  inches 
thick  at  any  point  when  supporting  a  wall  or  part  thereof  or  a  side- 
walk, and  not  less  than  one  and  one-half  inches  thick  in  any  case. 

4.  Lintels,    a.  Iron  or  steel. — Iron  or  steel  lintels  over  openings  in 
walls  shall  be  encased  as  required  for  beams,  provided  that  when  the 
span  of  any  such  opening  does  not  exceed  four  feet  or  such  opening 
is  spanned  by  an  adequate  masonry  arch  above  the  lintel  the  fire- 
proofing  may  be  omitted. 

b.  Stone.  Stone  lintels  shall  not  be  used  in  fireproof  buildings 
unless  supplemented  on  the  inside  of  the  wall  with  iron  or  steel  lintels, 
or  with  suitable  masonry  arches. 

5.  Trusses,    a.  General. — All  members  of  steel  trusses,  except  roof 
trusses  hereinafter  specified,  shall  be  entirely  encased  in  fireproofing 
materials  not  less  than  two  inches  thick  at  any  point. 


BUILDING   CODE  111 

b.  Roof  trusses.  The  fireproofing  herein  required  for  trusses  may 
be  omitted  when  such  trusses  support  only  roof  loads  and  ceilings 
over  interior  spaces  having  a  clear  height  of  at  least  twenty  feet  be- 
low the  lower  chords  of  the  trusses.  In  such  cases  the  fireproofing 
may  also  be  omitted  from  the  soffits  of  roof  beams  or  purlins. 

6.  Fireproofing  materials.    The  fireproofing  required  by  this  sec- 
tion shall  consist  of  any  of  the  following  materials: 

a.  Bonded  brickwork  laid  in  cement  mortar: 

b.  Concrete  consisting  of  one  part  portland  cement,  and  not  more 
than  two  parts  of  sand  and  four  parts  of  gravel,  stone  or  other  ap- 
proved aggregate  that  will  pass  through  a  three-quarter  inch  ring, 
suitably  reinforced  with  wire  or  metal  fabric; 

c.  Cinder  concrete  consisting  of  one  part  portland  cement  and 
not  more  than  two  parts  of  sand  and  five  parts  of  clean,  well-burned 
steam  boiler  cinders,  suitably  reinforced  with  wire  or  metal  fabric; 

d.  Porous  or  semi-porous  terra  cotta  blocks  with  shells  and  webs 
at  least  one  inch  thick,  laid  in  cement  mortar,  thoroughly  bonded  or 
secured  by  metal  ties; 

e.  Solid  gypsum  blocks,  containing  not  more  than  twenty-five 
per  cent,  by  weight  of  cinders,  asbestos  fibre,  wood  chips  or  vegetable 
fibre,  laid  in  gypsum  plaster  or  cement  mortar,  thoroughly  bonded 
or  secured  by  suitable  galvanized  metal  ties  or  fabric;  or 

f .  Any  material  or  form  of  construction  that  will  resist  the  action 
of  flame  and  a  heat  of  seventeen  hundred  degrees  Fahrenheit  for  at 
least  two  hours,  without  raising  the  temperature  of  the  material  to 
be  protected  above  five  hundred  and  fifty  degrees  Fahrenheit  by 
transmission  through  a  thickness  of  two  inches  as  determined  by  test 
prescribed  in  the  rules  by  the  superintendent  of  buildings. 

7.  Prohibition.     No  pipes,  wires,  cables  or  other  material  shall 
be  embedded  in  the  required  fireproofing  of  columns  or  other  struc- 
tural members. 

§  352.  Masonry. — Interior  walls,  piers,  arches  and  vaultings  that 
support  loads  in  addition  to  their  own  weight  in  fireproof  buildings 
shall  be  constructed  of  approved  masonry,  except  that  stone  masonry 
shall  not  be  used  for  such  purpose,  or  for  columns  or  lintels  unloss 
supplemented  by  other  approved  masonry  or  by  properly  protected 
iron  or  steel  construction. 

§  353.  Reinforced  concrete. — Reinforced  concrete  construction  con- 
forming with  the  requirements  of  article  16  of  this  chapter  shall  be 
deemed  fireproof  construction. 

§  354.  Floors  and  roofs.  1.  General. — The  filling  between  steel 
floor  and  roof  beams  in  fireproof  buildings  shall  consist  of  arches  or 
slabs  of  brick,  terra  cotta,  stone  concrete  or  cinder  concrete,  con- 
structed as  hereinafter  specified,  or  of  such  other  material  or  con- 
struction as  may  be  approved  by  the  superintendent  of  buildings 
as  conforming  to  the  requirements  of  the  fire  and  strength  tests  here- 
inafter prescribed. 

2.  Brick  arches.  When  brick  is  used  as  floor  filling  it  shall  consist 
of  segmental  arches  having  a  thickness  of  not  less  than  four  inches  for 
spans  of  five  feet  or  less,  and  of  not  less  than  eight  inches  for  spans 
exceeding  five  feet.  Such  arches  shall  be  built  of  good,  hard  common 
or  hollow  brick,  laid  to  a  line  and  properly  and  solidly  bonded.  Each 
longitudinal  line  of  brick  shall  break  joints  with  the  adjoining  lines. 


112  CODE   OF   ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

The  arches  shall  spring  from  suitable  skewbacks,  and  shall  be  properly 
keyed.  The  rise  shall  be  not  less  than  one  inch  for  each  foot  of  span. 
The  brick  shall  be  well  wet  before  laying,  and  the  joints  filled  solid 
with  cement  mortar. 

3.  Terra  cotta  arches,    a.  Material. — When  terra  cotta  Is  used  as 
floor  filling  it  shall  consist  of  hollow  blocks,  either  hard  burned  or 
semi-porous,  of  uniform  density  and  hardness.     The  thickness  of 
shells  and  webs  of  each  block  shall  be  not  less  than  five-eighths  of  an 
inch.    Interior  vertical  and  horizontal  webs  of  arch  blocks  shall  not 
be  spaced  more  than  four  inches  apart.    The  skewbacks  shall  be  of 
such  form  and  section  as  to  accurately  fit  the  beams  and  properly 
receive  the  thrust  of  the  arches.    The  arch  blocks  shall  be  laid  in 
cement  mortar  and  properly  keyed. 

b.  Segmental  arches.     When  terra  cotta  filling  is  segmental  in 
form  the  blocks  shall  be  not  less  than  six  inches  in  depth  with  at 
least  two  cellular  spaces  in  such  depth.     The  rise  of  such  arches 
shall  be  not  less  than  one  and  one-quarter  inches  for  each  foot  of 
span. 

c.  Flat  arches.     When  terra  cotta  filling  is  in  the  form  of  flat 
arches,  the  depth  of  the  blocks,  unless  reinforced  with  steel,  shall  be 
not  less  than  one  and  one-half  inches  for  each  foot  of  span  between 
the  steel  beams,  exclusive  of  the  portion  of  the  block  projecting 
below  the  underside  of  the  beams. 

d.  Strength  of  terra  cotta  arches.     Terra  cotta  filling  shall  be  so 
designed  that  it  will  safely  sustain  the  superimposed  loads  by  in- 
creasing so  far  as  may  be  necessary  the  depth  and  the  thickness  of 
shells  and  webs  of  the  blocks.    When  such  filling  is  reinforced  by  wire 
fabric,  steel  rods  or  other  steel  shapes,  thoroughly  embedded  in 
Portland  cement  mortar  and  bonded  to  the  terra  cotta,  the  strength 
of  the  construction  may  be  determined  by  accepted  engineering 
formulae.    For  the  purposes  of  this  section,  the  working  stresses,  in 
pounds  per  square  inch,  shall  be  taken  at  500  for  terra  cotta  in  com- 
pression, 16,000  for  steel  in  tension,  and  100  for  bond  between  steel 
and  mortar  and  between  terra  cotta  and  mortar. 

4.  Concrete  floor  arches,    a.  Material. — When  concrete  is  used  as 
floor  filling  it  shall  consist  of  one  part  of  portland  cement,  and  not 
more  than  two  parts  of  sand  and  five  parts  of  stone,  gravel  or  cinders, 
reinforced  in  the  case  of  slab  construction  with  steel  as  herein  pro- 
vided.   The  stone  or  gravel  shall  be  as  required  for  reinforced  con- 
crete in  article  16  of  this  chapter.    Cinders  shall  be  clean,  well  burned 
steam  boiler  cinders. 

b.  Reinforcement.     When  reinforcement  is  required  it  shall  con- 
sist of  steel  rods  or  other. suitable  shapes,  or  steel  fabric.    The  ten- 
sional  reinforcement  in  any  case  shall  be  not  less  than  twelve- 
hundredths  per  cent,  in  the  case  of  cold  drawn  steel  fabric,  nor  less 
than  twenty-five-hundredths  per  cent,  in  the  case  of  other  forms,  the 
percentage  being  based  on  the  sectional  area  of  slab  above  the  center 
of  the  reinforcement.    The  center  of  the  reinforcement  shall  be  at 
least  one  inch  above  the  bottom  of  the  slab,  but  in  no  case  shall 
any  part  of  the  reinforcement  come  within  five-eighths  of  an  inch 
from  the  bottom  of  the  slab. 

c.  Segmental  form.     When  the  concrete  floor  filling  is  used  in 
the  form  of  segmental  arches,  the  thickness  shall  be  at  least  four 


BUILDING    CODE  113 

inches  at  the  crown.    Such  arches  shall  have  a  rise  of  not  less  than 
one  inch  for  each  foot  of  span. 

d.  Flat  construction.     When  the  concrete  floor  filling  is  in  the 
form  of  slabs  the  thickness  shall  be  not  less  than  four  inches,  except 
as  otherwise  provided  in  this  article  for  special  roof  construction. 

e.  Strength  of  concrete  slabs.     In  determining  the  safe-  carrying 
capacities  of  concrete  slab  floor  fillings  the  gross  load  in  pounds  per 
square  foot  of  floor  surface  shall  not  exceed  the  product  of  the  depth 
in  inches  of  the  reinforcement  below  the  top  of  the  slab,  by  the  cross- 
sectional  area  in  square  inches  per  foot  of  width  of  the  tensional 
steel,  divided  by  the  square  of  the  span  in  feet,  all  multiplied  by  the 
following  co-efficients  when  cinder  concrete  is  used,  14,000  if  the 
reinforcement  is  not  continuous  over  the  supports,  18,000  if  the 
reinforcement  consists  of  rods  or  other  shapes  securely  hooked  over 
or  attached  to  the  supports,  and  26,000  if  the  reinforcement  consists 
of  steel  fabric  continuous  over  the  supports,  and,  when  stone  con- 
crete is  used,  16,000,  20,000  and  30,000,  respectively. 

In  determining  the  safe  carrying  capacities  of  concrete  floor  fillings 
segmental  in  form,  the  compressive  stress  in  pounds  per  square  inch 
in  the  concrete  shall  not  exceed  300  for  cinder  concrete  or  500  for 
stone  concrete. 

Nothing  in  this  section  shall  prevent  the  determination  of  the  safe 
carrying  capacity  of  any  form  of  concrete  floor  filling  approved  as 
fireproof  under  the  provisions  of  this  article,  by  the  usual  methods 
of  calculation,  provided  the  stresses  used,  in  pounds  per  square  inch, 
shall  not  exceed  300  for  cinder  concrete  in  compression,  16,000  for 
steel  in  tension,  and  50  for  bond  between  cinder  concrete  and  steel, 
or  in  the  case  of  stone  concrete,  the  values  fixed  by  article  16. 

5.  Test  of  floor  fillings,     a.  Fire  tests.     In  testing  the  fireproof 
qualities  of  any  floor  filling,  at  least  one  panel  of  the  proposed  maxi- 
mum span,  carrying  a  live  load  of  at  least  one  hundred  and  fifty 
pounds  per  square  foot,  shall  be  subjected  to  a  fire  continuous  for 
four  hours  at  an  average  temperature  of  seventeen  hundred  degrees 
Fahrenheit,  followed  by  an  application  for  not  less  than  ten  minutes 
of  a  hose  stream  from  a  one  and  one-eighth  inch  nozzle  at  sixty 
pounds  pressure,  without  appreciable  deterioration  or  the  passage 
of  flame  through  the  floor  during  the  test. 

b.  Load  tests.  When  the  strength  of  any  floor  filling  carrot  be 
determined  by  the  methods  prescribed  in  this  section  or  by  the  ap- 
plication of  accepted  engineering  formulae  the  safe  uniformly  dis- 
tributed carrying  capacity  shall  be  taken  as  one-sixth  of  the  total 
load  causing  failure  in  a  full-sized  construction  with  the  load  applied 
at  two  points  each  at  one-third  of  the  span  from  the  ends  of  the  span. 

6.  Special  roof  construction.    For  mansards  and  dormers,  roofs  of 
bulkheads  and  roofs  having  a  pitch  of  more  than  thirty  degrees 
with  the  horizontal,  blocks  of  terra  cotta,  stone  or  cinder  concrete, 
or  gypsum  containing  not  more  than  twenty-five  per  cent,  by  weight 
of  cinders,  asbestos  fibre,  wood  chips  or  vegetable  fibre,  not  less 
than  two  inches  thick,  resting  on  steel  shapes  spaced  not  more  than 
one  foot  for  each  inch  of  thickness  in  the  block  may  be  used  instead 
of  the  construction  prescribed  by  this  section  for  floors  and  roofs. 

7.  Tie  rods.     The  supporting  beams  in  fireproof  floors  and  roofs 
ohajl  be  tied  together  by  steel  tie  rods  of  proper  size,  spacing  and 


114  CODE    OF    ORDINANCES   OF   THE    CITY    OF   NEW   YORK 

location,  within  the  limitations  fixed  by  §  308  of  this  chapter,  pro- 
vided that  when  the  floor  filling  is  in  the  form  of  reinforced  slabs 
and  the  reinforcement  is  continuous  over  the  supports  or  securely 
attached  to  the  same  tie  rods  may  be  omitted. 

8.  Span  of  floor  filling.     In  fireproof  buildings  the  span  of  any 
floor  filling  shall  not  exceed  eight  feet  except  when  reinforced  concrete 
or  reinforced  terra  cotta  is  used. 

9.  Top  filling.    In  fireproof  buildings  the  space  between  the  floor 
filling  and  the  flooring  shall  be  filled  with  concrete,  consisting  of  one 
part  of  cement  and  not  more  than  ten  parts  of  cinders,  or  with  other 
incombustible  material  approved  by  the  rules  of  the  superintendent 
of  buildings. 

10.  Cutting  floors.    After  the  floor  filling  is  completed,  no  opening 
greater  than  two  square  feet  shall  be  cut  through  said  floors  unless 
suitable  metal  framing  or  reinforcing  is  provided  around  the  opening. 
When  pipes  or  conduits  pass  through  floor  fillings  the  openings  around 
the  same  shall  be  filled  in  solidly  with  fireproof  material  unless 
Approved  close  fitting  individual  sleeves  are  provided  with  space 
ground  sleeves  filled  solidly  with  incombustible  material. 

§355.  Partitions.  1.  Materials. — Except  as  otherwise  provided 
in  this  section  or  in  article  18  of  this  chapter,  partitions  hereafter 
erected  in  fireproof  buildings  shall  be  constructed  of  the  materials 
and  in  the  manner  herein  specified: 

a.  Brick  in  cement  mortar. 

b.  Concrete,  consisting  of  one  part  portland  cement  and  not  more 
than  three  parts  of  sand  and  six  parts  of  stone  or  gravel,  not  less 
than  three  inches  thick  if  properly  reinforced  with  steel,  nor  less  than 
four  inches  thick  otherwise. 

c.  Cinder  concrete,  consisting  of  one  part  portland  cement  and 
not  more  than  three  parts  of  sand  and  six  parts  of  cinders,  not  less 
than  four  inches  thick  if  properly  reinforced  with  steel,  not  less  than 
five  inches  thick  otherwise. 

d.  Hollow  terra  cotta  blocks,  laid  in  cement  mortar,  not  less  than 
three  inches  thick. 

e.  Hollow  concrete  blocks,  of  either  stone  or  cinder  concrete,  laid 
in  cement  mortar,  not  less  than  three  inches  thick. 

f .  Solid  or  hollow  blocks  consisting  of  gypsum  containing  not  more 
than  £wenty-five  per  cent,  by  weight  of  either  cinders,  asbestos  fibre, 
wood  chips  or  vegetable  fibre,  laid  in  gypsum  plaster  or  cement  mor- 
tar tempered  with  lime,  not  less  than  three  inches  thick. 

g.  Metal  lath  on  a  steel  studding  covered  with  portland  cement 
mortar  of  gypsum  plaster,  of  a  finished  thickness  of  not  less  than  two 
inches  in  the  case  of  solid  partitions  nor  less  than  three  inches  in 
the  case  of  hollow  partitions;  or 

h.  Any  material  and  form  of  construction  that  may  be  approved 
by  the  superintendent  of  buildings  as  conforming  to  the  requirements 
of  the  fire  test  hereinafter  prescribed. 

But  nothing  in  this  section  shall  prevent  the  erection,  in  the  direc- 
tion of  the  superintendent  of  buildings,  of  partitions  of  pressed  metal 
and  glass  or  of  temporary  partitions  of  wood  and  glass  within  rooms 
or  spaces  enclosed  by  fireproof  oartitions  or  walls. 

2.  Construction.  Unless  built  as  approved  masonry  walls,  parti- 
tions in  fireproof  buildings  sLaa  oe  independently  supported  at  each 


BUILDING   CODE  115 

floor.  They  shall  be  keyed,  or  otherwise  securely  fastened  to  the 
ceilings,  and,  when  necessary,  shall  be  stiffened  with  suitable  steel 
uprights  securely  fastened  to  floor  and  ceiling.  Partitions  enclosing 
hallways  or  toilet  rooms  and  other  permanent  partitions  shall  not 
rest  on  wood  flooring  but  shall  start  on  the  fireproof  construction 
of  the  floor. 

3.  Tests  of  fireproof  partitions.  In  testing  the  fireproof  qualities 
of  any  partition  construction,  a  vertical  panel  not  less  than  fourteen 
feet  long  and  nine  feet  high  shall  be  subjected  to  a  fire  continuous 
for  not  less  than  one  hour  at  an  average  temperature  of  seventeen 
hundred  degrees  Fahrenheit  during  the  latter  half  hour,  followed  by 
an  application  for  not  less  than  two  and  one-half  minutes  of  a  hose 
stream  from  a  one  and  one-eighth  inch  nozzle  at  thirty  pounds  nozzle 
pressure,  without  the  passage  of  flame  during  the  test. 

§356.  Interior  finish.  1.  General  restrictions. — Except  as  herein- 
after otherwise  permitted  no  woodwork  or  other  combustible  ma- 
terial shall  be  used  in  the  floors,  ceilings,  partitions,  furrings  or  other 
interior  finish  of  fireproof  buildings. 

2.  Woodwork  permitted,   a.  Floor  sleepers,  door  bucks  and  grounds 
may  be  of  wood  provided  that  they  are  not  exposed  on  any  side; 
but  this  shall  not  permit  the  use  of  anything  but  lath,  furring  or 
forms  of  metal  in  ceilings  or  in  ornamental  plastering  work. 

b.  When  the  height  of  the  building  does  not  exceed  one  hundred 
and  fifty  feet  the  doors  and  windows  and  their  frames,  the  trim, 
casings  and  other  interior  finish  when  filled  solid  at  the  back  with 
fireproof  material,  and  the  flooring  may  be  of  wood. 

3.  Restrictions  in  buildings  over  one  hundred  and  fifty  feet  high. 
When  the  height  of  the  building  exceeds  one  hundred  and  fifty 
feet. 

a.  the  flooring  shall  be  of  incombustible  material,  or  of  fireproofed 
wood,  provided  that  in  public  halls  and  stairways  no  wood  of  any 
kind,  except  for  handrails,  shall  be  used; 

b.  the  inside  window  frames  and  sash,  doors,  trim  and  other  in- 
terior finish  shall  be  of  metal  or  wood  covered  with  metal,  or  of  fire- 
proofed  wood,  or  of  any  incombustible  materials  or  any  combination 
of  materials  that  will  show  a  fire  resistance  not  less  than  that  of  fire- 
proofed  wood. 

4.  Fireproofed  wood.    The  superintendent  of  buildings  shall  adopt 
rules  prescribing  the  tests  to  which  fireproofed  wood  and  incom- 
bustible materials  or  any  combination  of  materials  shall  be  sub- 
jected.   Such  rules  shall  also  provide  for  the  inspection  and  marking 
of  the  materials,  to  insure  the  installation  of  tested  and  approved 
materials  only.    No  wood  or  other  material  required  to  be  tested, 
shall  hereafter  be  placed  in  any  building  exceeding  one  hundred  and 
fifty  feet  in  height  except  in  conformity  to  the  requirements  of  this 
section. 

§  357.  Exterior  windows. — When  the  height  of  a  fireproof  building 
exceeds  one  hundred  and  fifty  feet,  all  exterior  window  frames  and 
sash  shall  be  of  metal,  or  of  wood  covered  with  metal  in  the  manner 
prescribed  by  the  rules  of  the  superintendent  of  buildings. 

§358.  Approvals.  1.  Existing  approvals  continued. — Any  ma- 
terial or  form  of  construction  coming  under  the  provisions  of  this 
article  and  heretofore  approved  may  be  used  for  the  purposes  foi 


116  CODE   OF   ORDINANCES   OF   THE   CITY   OF   NEW   YORK 

which  it  was  approved,  except  so  far  as  it  may  be  inconsistent  with 
specific  provisions  of  this  article. 

2.  New  materials  and  constructions.  Approvals  for  new  materials 
and  forms  of  construction  shall  be  issued  in  accordance  with  the 
provisions  of  §  22  of  this  chapter.  Nothing  in  this  chapter  shall 
prevent  the  superintendent  of  buildings  from  accepting  duly  au- 
thenticated tests  by  any  competent  person,  in  lieu  of  the  tests  under 
his  own  supervision,  provided  the  intent  of  this  article  is  secured. 

§  2.  Nothing  in  this  ordinance  shall  prohibit  the  use  of  material 
already  fabricated  or  of  any  construction  already  erected,  which 
conforms  to  previously  existing  statutes,  but  this  shall  not  be  con- 
strued to  permit  the  continuance  of  any  construction  erected  in 
violation  of  any  statute  previously  in  force,  nor  to  prevent  the  col- 
lection of  any  penalty  heretofore  incurred. 


ARTICLE   18 

SAFEGUARDS    AGAINST   SPREAD    OF   FIRE 

(As  amend,  by  ord.  effective  Nov.  23,  1915) 

Sec.  370.  Definitions. 

§  371.  Fire  walls. 

§  372.  Fire  partitions. 

§373.  Shafts. 

§  374.  Existing  hoistways. 

§  375.  Protection  of  exterior  openings. 

§  376.  Protectives  for  openings. 

Sec.  370.  Definitions. — For  the  purpose  of  this  chapter. 

a.  A  fire  wall  is  any  wall  built  for  the  purpose  of  restricting  the 
area  subject  to  the  spread  of  fire; 

b.  A  fire  partition  is  a  subdividing  partition  built  for  the  purpose  of 
protecting  life  by  providing  an  area  of  refuge; 

c.  A  shaft  is  an  enclosed  space  extending  through  one  or  more 
stories  of  a  building  connecting  a  series  of  two  or  more  openings  in 
successive  floors,  or  floors  and  roof; 

d.  An  open  shaft  is  one  that  extends  through  the  roof  of  a  building 
and  is  open  to  the  outer  air  at  the  top; 

e.  A  vent  shaft  is  one  used  solely  to  ventilate  or  light,  or  both,  one 
or  more  water-closet  compartments  or  bathrooms; 

f .  An  elevator  shaft  is  one  that  encloses  any  device  used  for  carry- 
ing persons  or  things  upward  or  downward; 

g.  A  dumbwaiter  shaft  is  an  elevator  shaft  which  has  a  cross- 
sectional  area  at  any  point  of  nine  square  feet  or  less,  and  in  which 
the  device  is  used  only  for  the  carrying  of  things: 

h.  The  term  "self-closing,"  as  applied  to  a  fire  door  or  other  open- 
ing protective,  means  closing  automatically  after  having  been  opened 
for  use; 

i.  The  term  "automatic,"  as  applied  to  a  fire  door  or  other  open- 
ing protective,  means  normally  held  in  an  open  position  and  automat- 
ically closing  by  the  action  of  some  releasing  device. 


BUILDING   CODE  117 

§  371 .  Fire  walls.  1 .  Construction. — Fire  walls  shall  be  constructed 
of  approved  masonry  or  reinforced  concrete  of  the  thicknesses  pre- 
scribed by  this  chapter  for  the  exterior  walls  of  the  building  in  which 
it  is  erected,  but  if  hollow  terra  cotta  blocks  are  used  they  shall  be 
filled  solidly  with  concrete.  In  non-fireproof  buildings  fire  walls 
shall  be  continuous  from  the  foundation  to  the  roof  and  provided 
above  the  roof  with  a  parapet  wall,  as  specified  in  §  259  of  this 
chapter. 

2.  Opening.  No  opening  in  a  fire  wall  shall  exceed  eighty  square 
feet  in  area,  and  the  aggregate  width  of  all  openings  at  any  level 
shall  not  exceed  twenty-five  per  cent,  of  the  length  of  the  wall, 
except  that  in  the  first  story  of  buildings  equipped  throughout 
with  an  approved  system  of  automatic  sprinklers  larger  openings 
and  a  greater  percentage  of  wall  length  may  be  used  by  the  special 
written  permission  of  the  superintendent  of  buildings,  stating  the 
reason  for  such  allowance.  Every  opening  in  a  fire  wall  shall  be 
protected  on  each  side  of  the  wall  with  an  approved  automatic 
fire  door.  When  any  fire  wall  serves  also  as  a  fire  partition  it  shall 
have  no  openings  other  than  door  openings  not  exceeding  forty-eight 
square  feet  in  area,  and  one  of  the  automatic  fire  doors  at  each  open- 
ing shall  be  replaced  by  a  self-closing  fire  door. 

§372.  Fire  partitions.  1.  Construction. — Fire  partitions  shall  be 
constructed  of  the  materials  and  in  the  manner  herein  specified,  as 
follows: 

a.  Approved  masonry; 

b.  Any  form  of  fireproof  partition,  constructed  as  required  in 
§  355  of  this  chapter,  provided  (1)  that  such  partition  is  supported 
on  each  story  on  fireproof  construction, 

(2)  that,  unless  otherwise  approved  after  the  three  hours  fire 
test  herein  provided,  the  thicknesses  are  not  less  than  eight  inches  for 
brick,  not  less  than  six  inches  for  stone  or  cinder  concrete,  or  hollow 
blocks  of  terra  cotta,  concrete  or  gypsum,  and  not  less  than  four 
inches  for  stone  or  cinder  concrete  if  properly  reinforced  with  steel. 

(3)  that,  unless  constructed  of  expanded  metal  or  wire  lath  ana 
cement  mortar  of  a  finished  thickness  of  not  less  than  two  and  one- 
half  inches,  metal  lath  construction  shall  not  be  used,  and, 

(4)  that  all  openings  in  partitions  of  hollow  building  blocks, 
gypsum  or  metal  lath  construction,  shall  be  adequately  reinforced 
with  steel;  or, 

c.  Any  material  and  form  of  construction  that  may  be  approved 
by  the  Superintendent  of  Buildings  as  conforming  to  the  require- 
ments of  the  fire  test  prescribed  in  subdivision  3,  §  355  of  this  chapter, 
provided,  however,  that  for  fire  partitions  the  duration  of  such  test 
shall  be  not  less  tnan  three  hours  and  that  such  partition  shall  be 
supported  at  each  story  on  fireproof  construction. 

2.  In  non-fireproof  buildings.  In  non-fireproof  buildings  fire 
partitions,  if  required  in  any  story,  shall  be  continuous  through 
all  stories  from  the  foundation  to  the  roof,  provided  that  if  any  of 
the  floors  of  the  building  are  of  fireproof  construction  for  their  full 
extent  and  all  stairways  are  enclosed  in  approved  fireproof  con- 
struction, fire  partitions  shall  be  required  to  be  continuous  only 
from  one  such  fireproof  floor  to  another  or  to  the  roof.  Any  such 
fire  partition  shall  be  deemed  continuous,  even  though  the  several 


118  CODE    OF   ORDINANCES   OP  THE   CITY   OF  NEW   YORK 

parts  are  not  directly  over  one  another  in  successive  stories,  if  the 
intervening  parts  of  the  floors  at  the  levels  where  offsets  occur, 
are  of  fireproof  construction  and  all  parts  not  supported  directly  on 
the  foundations  are  carried  on  fireproof  construction.  Fire  parti- 
tions shall  be  carried  at  least  three  feet  above  any  non-fireproof 
roof. 

3.  Openings.  Fire  partitions  shall  have  no  openings  other  than  the 
required  door  openings.  No  such  door  opening  shall  exceed  forty- 
eight  square  feet  in  area.  If  more  than  one  door  opening  is  required, 
the  distance,  measured  along  the  line  of  the  fire  partition,  between 
any  door  ana  the  next  one  shall  not  be  more  than  sixty  feet.  Every 
opening  in  a  fire  partition  shall  be  protected  by  an  approved  self- 
closing  fire  door. 

§  373.  Shafts.  1.  When  required. — Unless  otherwise  specially 
provided  by  any  other  law  or  ordinance,  shafts  as  in  this  section 
described  and  specified  shall  be  provided  in  all  fireproof  and  non- 
fireproof  buildings  for  every  series  of  floor  openings,  except  stair- 
ways, hereafter  placed  or  constructed  in  any  such  building,  whether 
for  air,  light,  elevator  or  any  other  purpose,  or  hereafter  altered  so  as 
to  enlarge  any  of  such  openings,  or  to  change  their  use.  The  pro- 
visions of  this  section  shall  not,  however,  be  taken  to  apply  to  ducts 
permitted  by  Article  19  of  this  chapter. 

2.  Open  shafts.    All  open  shafts  hereafter  placed  in  any  building 
shall  be  constructed  of  approved  masonry  or  reinforced  concrete, 
and  of  the  thicknesses  required  for  exterior  walls,  provided  that  for 
shaft  walls  not  exceeding  ten  feet  in  length  the  thickness  may  be 
reduced  to  not  less  than  eight  inches  for  the  uppermost  forty  feet 
and  four  inches  more  for  each  lower  section  of  forty  feet. 

3.  Shafts  exceeding  nine  square  feet  in  area.     Except  as  herein- 
after provided  in  this  section,  all  shafts  hereafter  erected  in  any 
building  and  having  a  cross-sectional  area  at  any  point  within  the 
enclosing,  walls  of  more  than  nine  square  feet,  and  all  existing  shafts 
hereafter  enlarged  so  that  the  cross-sectional  area  at  any  point 
exceeds  nine  square  feet  shall  be  constructed  in  the  manner  and  of  the 
material  and  thicknesses  prescribed  in  subdivision  1,  §  372  of  this 
article  for  fire  partitions,  or  subdivision  2  of  this  section  for  open 
shafts. 

4.  Shafts  not  exceeding  nine  square  feet  in  area.    All  shafts  here- 
after erected  in  any  building  and  having  a  cross-sectional  area  at 
any  point  of  nine  sauare  feet  or  less,  except  as  hereafter  provided 
in  this  section,  shall  be  constructed  of  approved  masonry,  reinforced 
concrete,  or  any  material  or  form  of  construction,  not  less  than  two 
inches  thick,  permitted  under  the  provisions  of  §  355  of  this  chapter 
as  permanent  fireproof  partitions,  set  in  a  steel  frame  of  proper 
strength  or  suitably  reinforced  with  metal  dowels,  or  in  such  other 
manner  as  may  be  approved  by  the  Superintendent  of  Buildings. 

5.  Elevator  shafts  in  existing  residence  buildings.    In  existing  resi- 
dence buildings  which  have  not  more  than  fifteen  sleeping  rooms  any 
elevator  shaft  hereafter  erected,  when  the  available  space  does  not 
permit  of  the  construction  required  by  subdivision  3  of  this  section, 
may  be  constructed  as  required  by  subdivision  4  of  this  section. 

6.  Non-fireproof  shafts.     Vent  shafts  hereafter  erected  in  non- 
fireproof  residence  buildings,  when  extending  through  not  more  than 


BUILDING   CODE  119 

one  story  in  height,  carried  not  less  than  three  feet  above  the  roof 
and  covered  with  a  ventilating  skylight  of  metal  and  glass,  and  dumb- 
waiter shafts  hereafter  erected  that  do  not  extend  more  than  three 
stories  above  the  cellar  or  basement  in  residence  buildings  occupied 
by  not  more  than  two  families  or  having  not  more  than  fifteen  sleep- 
ing rooms,  may  be  built  of  wood  filled  in  solidly  with  brick  or  other 
approved  incombustible  material,  or  covered  on  the  inside  with 
plaster  on  plaster  board  or  metal  lath,  or  with  sheet  metal  not  less 
than  one-sixteenth  of  an  inch  in  thickness,  provided  that  the  part 
of  any  such  dumbwaiter  shaft  which  extends  into  the  cellar  shall 
be  enclosed  in  eight-inch  brick  walls. 

7.  Existing  elevators.     In  every  non-fireproof  public  building  all 
elevators  not  already  enclosed  in  fireproof  shafts  shall  be  enclosed 
in  wall  constructed  and  arranged  as  in  this  section  required  for  ele- 
vator shafts. 

8.  Existing  dumbwaiter  shafts.     Any  existing  dumbwaiter  shaft 
which  extends  into  the  cellar  or  basement,  except  such  as  do  not 
extend  more  than  three  stories  above  the  cellar  or  basement  in  resi- 
dence buildings,  shall  be  enclosed  in  the  cellar  or  basement  with  walls 
of  brick  eight  inches  thick  or  other  fireproof  construction  approved 
by  the  superintendent  of  buildings,  unless  already  enclosed  in  some 
form  of  construction  conforming  to  the  requirements  of  subdivision 
4  of  this  section. 

Requirement  that  dumbwaiter  shafts  be  fireproofed  held  to  apply  to  buildings 
erected  before  the  provision  was  adopted.  City  N.  Y.  v.  Foster,  148  App.  Div.  258, 
aff'd  205  N.  Y.  593. 

9.  Openings,    a.  In  open  shafts  having  a  cross-sectional  area  at 
any  point  of  thirty-six  square  feet  or  less,  hereafter  erected  or  altered, 
all  openings  shall  be  protected  with  fire  doors,  fire  shutters  or  fire 
windows. 

b.  In  vent  shafts,  hereafter  erected  or  altered,  except  non-fireproof 
vent  shafts,  all  openings  shall  be  provided  with  fire  windows. 

c.  In  elevator  shafts  hereafter  erected  or  materially  altered  all  door 
openings  shall  be  protected  by  fire  doors.    No  other  openings  shall 
be  provided  in  such  shafts,  except  window  openings  to  the  outer  air. 

d.  In  dumbwaiter  shafts  hereafter  erected  or  altered,  there  shall 
be  no  openings  other  than  door  openings  protected  with  self-closing 
fire  doors. 

e.  All  other  shafts  not  provided  for  in  this  subdivision,  hereafter 
erected  or  altered,  shall  have  all  openings  protected  with  self-closing 
fire  doors. 

10.  Enclosure  at  top.     All  shafts  hereafter  erected  or  altered  to 
extend  into  the  top  story  of  any  non-fireproof  building  shall  be 
carried  through  and  not  less  than  three  feet  above  the  roof.    Every 
shaft  extending  above  the  roof,  except  open  shafts,  shall  be  enclosed 
at  the  top  with  a  roof  of  fireproof  construction  and  a  metal  skylight 
of  at  least  three-fourths  the  area  of  the  shaft  in  the  top  story,  except 
that  the  skylight  herein  required  may  be  replaced  by  a  window  of 
equivalent  area  in  the  side  of  the  shaft  provided  the  sill  of  such  win- 
dow is  not  less  than  three  feet  above  the  roof  and  the  window  does 
not  face  a  property  line  within  ten  feet.     Any  shaft  that  does  not 
extend  into  the  top  story  of  the  building  shall  have  the  top  enclosed 
with  fireproof  construction. 


120  CODE    OF   ORDINANCES  OF  THE    CITY   OF   NEW   YORK 

11.  Enclosure  at  bottom.     The  bottom  of  every  shaft,  hereafter 
erected  or  altered,  except  vent  shafts,  shall  be  enclosed  with  fireproof 
construction. 

12.  Elevator  machinery  compartments.     When  any  compartment 
which  contains  machinery  for  operating  an  elevator  communicates 
with  an  elevator  shaft  it  shall  be  enclosed  with  partitions  of  the  same 
material,  and  construction  as  required  for  the  shaft,  and  shall  have 
five  doors  in  the  openings. 

13.  Number  of  elevators  restricted  in  shaft.     Not  more  than  two 
elevators  shall  be  placed  hereafter  in  any  one  shaft,  and  where  there 
are  only  two  elevators  in  any  building  they  shall  be.  placed  iri  separate 
shafts. 

§  374.  Existing  hoistways.  1.  Gates  and  trapdoors. — In  any  exist- 
ing building  in  which  there  shall  be  any  hoistway,  elevator  or  well- 
hole  not  already  inclosed  in  walls  constructed  of  brick  or  other  fire- 
proof material  and  provided  with  fireproof  doors,  the  openings 
thereof  through  and  upon  each  floor  of  said  building  shall  be  pro- 
vided with  and  protected  by  substantial  guards  or  gates  and  with 
such  good  and  sufficient  trap  doors  as  may  be  directed  and  approved 
by  the  superintendent  of  buildings.  When,  in  the  opinion  of  the 
superintendent  of  buildings,  automatic  trapdoors  are  required  to  the 
floor  openings  of  any  uninclosed  elevator,  the  same  shall  be  con- 
structed so  as  to  form  a  substantial  floor  surface  when  closed,  and  so 
arranged  as  to  open  and  close  by  the  action  of  the  elevator  in  its 
passage  either  ascending  or  descending. 

2.  Enforcement  of  section.     Except  as  otherwise  provided  by  law 
or  ordinance,  the  superintendent  of  buildings  shall  have  power  and 
authority  to  require  the  openings  of  hoistways,  elevators  and  well- 
holes  in  buildings  to  be  enclosed  or  secured  by  trapdoors,  guards  or 
gates  and  railings. 

3.  Guards,  gates  and  trapdoors  to  be  closed  when  not  in  use.     All 
guards  or  gates  required  by  this  section  shall  be  kept  closed  at  all 
times,  except  when  in  actual  use,  and  the  trapdoors  shall  be  closed 
at  the  close  of  the  business  of  each  day,  by  the  occupant  or  occupants 
of  the  building  having  the  use  or  control  of  the  same. 

(B.  C.,  sec.  95,  rev.  from  L.  1882,  ch.  410,  §  492,  as  amend.) 

It  is  the  duty  of  an  owner  of  a  building  to  protect  a  hatchway  by  a  suitable 

railing.    McRickard  v.  Flint,  114  N.  Y.  222;  Atkinson  v.  Abraham,  45  Hun,  238. 

And  see  Malloy  v.  N.  Y.  Real  Est.  Assn.,  156  N.  Y.  205.    Provisions  to  safeguard 

elevator  shafts,  held  reasonable.     Racine  v.  Norris,  136  App.  Div.  468,  aff'd  201 

N.  Y.  240. 

§  375.  Protection  of  exterior  openings.  1.  When  required. — Every 
window  or  other  opening  above  the  first  story  in  the  exterior  walls  of 
every  fireproof  and  non-fireproof  business  building,  more  than  forty 
feet  in  height,  shall,  except  as  may  be  otherwise  specifically  provided 
in  this  chapter  or  by  any  other  law  or  ordinance,  be  protected  by  a 
fire  door,  fire  window,  fire  shutter,  open  sprinkler  or  other  approved 
protective  when  such  opening  is  distant  in  a  direct  line  less  than 
thirty  feet  from  any  opening  in  any  other  building  and  not  in  the 
same  plane  with  said  opening,  or  when  said  opening  is  not  more  than 
fifty  feet  above  a  neighboring  roof. 

2.  Fire  shutters  to  be  readily  opened.  When  fire  shutters  are  used 
m  exterior  openings  at  least  one  row  in  every  three  vertical  rows  of 
shutters  on  front  window  openings  shall  be  arranged  to  be  readily 


BUILDING   CODE  121 

opened  from  the  outside.     Distinguishing  marks,  satisfactory  to  the 
fire  commissioner,  shall  be  provided  on  these  shutters. 

3.  Openings  to  fire  escapes.     When  fire  doors  or  fire  shutters  are 
used  on  exterior  openings  leading  to  fire  escapes  or  exterior  exits  of 
any  kind  they  shall  be  so  arranged  as  not  to  obstruct  such  fire  escape 
or  exit. 

4.  Vertical  separation  of  windows.     In  fireproof  and  non-fireproof 
business  buildings  hereafter  erected,  over  forty  feet  in  height,  ex- 
terior openings  above  the  second  story  that  are  located  vertically 
above  one  another  and  that  do  not  require  any  protective  under  this 
section,  shall  have  not  less  than  three  feet  of  solid  masonry  between 
the  top  of  one  opening  and  the  bottom  of  the  one  next  above,  and  no 
such  opening  shall  be  arranged,  to  open  within  one  foot  of  the  ceiling 
of  the  story  in  which  it  is  located,  provided,  however,  that  part  of 
such  masonry  between  openings  may  be  replaced  by  wire  glass  in 
fixed  metal  sash  and  frame. 

5.  Closing  protectives.     All  fire  doors,  fire  shutters  and  fire  win- 
dows on  exterior  openings,  unless  provided  with  approved  automatic 
closing  devices  operative  from  either  side,  shall  be  closed  when  not 
required  to  be  open,  and  at  the  close  of  business  each  day  by  the 
occupant  or  occupants  of  the  building  having  the  use  or  control  of 
them. 

§376.  Protectives  for  openings.  1.  Construction. — All  opening 
protectives  required  or  permitted  under  this  chapter  shall  be  con- 
structed as  prescribed  in  such  rules,  consistent  with  the  provisions 
of  this  chapter,  as  may  be  promulgated  by  the  superintendent  of 
buildings,  or,  in  the  absence  of  such  rules,  as  specified  in  the  standard 
requirements  of  the  National  Board  of  Fire  Underwriters;  or  they 
may  be  constructed  in  any  manner  and  of  any  material  that  will 
comply  with  the  fire  test  hereinafter  prescribed. 

2.  fire  test.     In  testing  the  fireproof  qualities  of  any  opening 
protective  a  complete  sample  of  the  device  of  the  maximum  size  to 
be  approved,  constructed  and  installed  in  every  respect  as  in  actual 
service,  shall  be  subjected  to  a  fire  on  one  side,  continuous  for  not 
less  than  one  hour,  at  a  temperature,  in  the  case  of  fire  doors  and 
fire   shutters  increasing  gradually  from  that  of  the  outer  air  to 
1800  degrees  Fahrenheit  within  the  first  half-hour  and  to  2000  de- 
grees Fahrenheit  during  the  second  half-hour,  and,  in  the  case  of 
fire  windows,  increasing  gradually  from  that  of  the  outer  air  to  1500 
degrees  Fahrenheit  within  the  hour,  without  permitting  the  passage 
of  flame  or  the  transmission  of  heat  to  a  dangerous  extent. 

3.  Use  of  wire  glass.     When  wire  glass  is  required  or  permitted  by 
this  chapter  or  the  rules  authorized  thereunder,  for  fire  doors,  fire 
shutters  or  fire  windows,  the  panes  shall  not  exceed  seven  hundred 
and  twenty  square  inches  in  area,  and  shall  not  be  less  than  one- 
quarter  inch  in  thickness,  and  shall  be  set  not  less  than  five-eighths 
of  an  inch  in  the  frame.     When  the  use  of  glass  is  permitted  in  any 
fire  door  or  fire  shutter  only  wire  glass  shall  be  used.     For  the  glazing 
of  fire  windows  only  wire  glass  shall  be  used. 


122  CODE    OF   ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

ARTICLE  19 

CHIMNEYS  AND   HEATING  APPARATUS 

Sec.  390.  General. 

§  391.  Heat  producing  devices. 

§392.  Chimneys. 

§393.  Fireplaces. 

I  394.  Metal  smokestacks. 

395.  Cupola  chimneys. 

396.  Underground  flues. 

397.  Ranges. 

398.  Drying  rooms. 

399.  Smoke  houses. 

400.  Registers. 

401.  Vent  flues. 

402.  Ducts. 

403.  Smoke  pipes. 

404.  Steam  and  hot  water  pipes. 

§  390.  General.     1.  Definitions. — For  the  purposes  of  this  chapter. 

a.  A  chimney  is  that  part  of  a  building  which  contains  ono  or 
more  flues  for  transmitting  the  products  of  combustion  from  some 
fireplace  or  heating  device  to  the  outer  air,  and  includes  the  fireplace 
when  there  is  one: 

b.  A  flue  is  a  passage,  enclosed  on  all  sides,  with  solid  masonry  or 
reinforced  concrete  and  used  only  for  the  transmission  of  air,  whether 
fresh,  heated,  or  vitiated,  or  of  the  products  of  combustion  from 
solid  fuel  or  liquid  fuel,  and  designated  respectively  vent  flue  or 
smoke  flue; 

c.  A  duct  is  a  passage  constructed  of  sheet  metal  or  other  approved 
incombustible  material,  and  used  only  for  the  transmission  of  air, 
whether  fresh,  heated  or  vitiated; 

d.  A  smoke  pipe  is  a  passage  constructed  of  metal  and  used  as  an 
intermediate  connection  between  a  heat  producing  device  and  a 
chimney  or  metal  stack  for  the  transmission  of  the  products  of  com- 
bustion. 

2.  Notice  of  installation.  In  case  heat  producing  appliances  or 
furnaces  are  hereafter  placed  in  any  building,  or  flues  and  fireplaces 
are  installed,  changed  or  enlarged,  and  such  installation  or  alteration 
necessitates  any  change  in  any  structural  parts  of  the  building,  due 
notice  shall  be  given  to  the  superintendent  of  buildings  by  the  person 
doing  such  work  or  causing  the  same  to  be  done,  and  a  permit  se- 
cured from  him  if  necessary. 

§  391.  Heat  producing  devices. — For  the  purposes  of  this  chapter, 
heat  producing  devices  shall  be  graded  as 

a.  Low,  including  bakers'  ovens;  boiling  vats;  candy  furnaces; 
clay,  coke  and  gypsum  tripoli  kilns;  coffee  roasting  ovens;  cooking 
ranges;  core  ovens;  cruller  furnaces;  drying  furnaces  for  spent  ma- 
terials; feed  drying  ovens;  fertilizer  drying  ovens;  forge  furnaces; 
gas  producers;  gypsum  kilns;  hardening  furnaces  (below  dark  red); 
hot  air  engine  furnaces;  hot  air  engine  furnaces;  hot  air  heating 


BUILDING   CODE  123 

furnaces;  hot  water  and  low  pressure  steam  heating  boilers;  japan- 
ning ovens;  ladle  drying  furnaces;  lead  melting  furnaces;  nickel  plate 
furnaces;  paraffine  furnaces;  rendering  furnaces;  rosin  melting  fur- 
naces; stereotype  furnaces;  sulphur  furnaces;  typefoundry  furnaces; 
wood  drying  furnaces;  wood  impregnating  furnaces; 

b.  Medium,  including  alabaster  gypsum  kilns;  charcoal  furnaces; 
direct  fire  heated  feed  driers;  direct  fire  heated  fertilizer  driers;  direct 
fire  heated  pulp  driers;  galvanizing  furnaces;  glass  factory  lehrs  and 
glory  holes;  hardening  furnaces  (cherry  to  pale  red);  lime  kilns; 
porcelain  biscuit  kilns;  smoke  houses;  steam  boilers,  other  than  low 
pressure  heating  boilers;  water-glass  kilns;  wood-distilling  furnaces; 
wood-gas  retorts; 

c.  High,   including  annealing  furnaces;  bessemer  retorts;  billet 
and  bloom  furnaces;  blast  furnaces;  bone  calcining  furnaces;  brass 
furnaces;  carbon  point  furnaces;  cement,  brick  and  tile  kilns;  coal 
and  water  gas  retorts;  cupolas;  earthenware  kilns;  gas  blow  fur- 
naces; glass  smelting  furnaces;  glass  kilns;  open  hearth  furnaces; 
ore  roasting  furnaces;  porcelain  baking  and  glazing  kilns;  pot-arches; 
puddling  furnaces;  regenerative  furnaces;  reverberatory  furnaces; 
stacks,  carburetor  or  super-heating  furnaces  in  water  gas  works; 
welding  furnaces;  wood  carbonizing  furnaces. 

In  doubtful  cases  the  superintendent  of  buildings  shall  by  a  rule 
designate  the  grade  of  any  heat  producing  device,  being  governed 
in  doing  so  by  the  degree  and  amount  of  heat  transmitted. 

§  392.  Chimneys.  1.  Construction. — Except  as  in  this  article 
otherwise  provided,  every  chimney  hereafter  erected  shall  be  of 
brick  or  stone  laid  in  cement  mortar,  or  of  reinforced  concrete,  ex- 
tending above  the  highest  point  of  the  roof  and  at  least  four  feet 
above  the  highest  point  of  contact  with  the  roof.  Every  chimney 
shall  be  properly  capped  with  terra  cotta,  stone,  cast  iron  or  other 
approved  incombustible,  weatherproof  material,  except  that  on 
buildings  forty  feet  or  less  in  height  the  top  courses  of  a  brick  chim- 
ney may  be  finished  off  by  being  carefully  bonded  and  anchored 
together  to  serve  as  coping. 

2.  Supports.     All  chimneys  shall  be  wholly  supported  by  stone, 
brick  or  self-supporting  fireproof  construction.     No  chimney  shall 
rest  or  be  built  upon  any  wood  construction. 

3.  Flues  for  low  grade  devices.     The  smoke  flues  of  stoves,  cooking 
ranges,  hot  air,  hot  water  and  low  pressure  steam  heating  furnaces, 
and  all  other  heat  producing  devices  graded  as  low,  shall  be  encased 
in  brickwork  or  concrete  not  less  than  eight  inches  thick,  except  that 
for  smoke  flues  exclusively  used  for  ordinary  stoves,  ranges  or  open 
fireplaces  when  no  combustible  studding,  furring  or  sheathing  is 
placed  against  it,  such  brickwork  or  concrete  may  be  reduced  to  not 
less  than  four  inches.     In  chimneys  of  stone,  the  stonework  of  such 
flues  shall  be  four  inches  thicker  than  required  for  brick.     Every 
flue  coming  under  the  provisions  of  this  subdivision  hereafter  erected 
shall  be  lined  with  well-burnt  terra  cotta  pipe,  from  the  bottom  of 
the  flue,  or  from  the  throat  of  the  fireplace  if  the  flue  starts  from  a 
fireplace,  for  the  entire  height  of  the  chimney.     Such  lining  pipes  shall 
be  built  in  as  the  flues  are  carried  up,  laid  end  to  end  in  cement 
mortar  so  as  to  make  a  smooth  flue.     Where  two  or  more  smoke 
flues  are  contained  in  the  same  chimney,  the  withes  shall  be  either 


124  CODE    OP   ORDINANCES   OP  THE   CITY   OP  NEW   YORK 

brick  not  less  than  four  inches  thick,  or  concrete  or  grout  not  less 
than  one  inch  thick,  provided,  however,  that  every  third  withe  shall 
consist  of  brick. 

4.  Flues  for  medium  grade  devices.    The  smoke  flues  of  high  pressure 
steam  boilers,  smoke  houses  and  all  other  heat  producing  devices 
graded  as  medium  shall  be  encased  hi  brickwork  or  concrete  not  less 
than  eight  inches  thick,  or  stonework  not  less  than  twelve  inches 
thick,  and  in  addition,  shall  be  lined  with  not  less  than  four  inches 
of  firebrick,  laid  in  fire  mortar,  for  a  distance  of  at  least  twenty-five 
feet  from  the  point  where  the  smoke  connection  of  the  device  enters 
the  flue. 

5.  Flues  for  high  grade  devices.    The  smoke  flues  of  cupolas,  brass 
furnaces,  porcelain  baking  kilns  and  all  other  heat  producing  devices 
graded  as  high  shall  be  built  with  double  walls,  each  not  less  than 
eight  inches  in  thickness,  with  an  air  space  of  not  less  than  two  inches 
between  them.    The  inside  of  the  interior  walls  shall  be  of  firebrick 
not  less  than  four  inches  in  thickness. 

6.  Certain  flues  required.     In  every  building  hereafter  erected 
exceeding  forty  feet  in  height,  where  one  or  more  smoke  flues  start 
from  the  cellar  or  lowest  story,  at  least  one  such  flue  shall  have  an 
internal  cross-sectional  area  of  not  less  than  ninety-six  square  inches 
and  shall  start  not  less  than  three  feet  below  the  ceiling.    No  flue 
hereafter  erected  shall  have  smoke-pipe  connections  in  more  than 
one  story  of  a  building. 

7.  Flues  to  be  clean  and  chimney s^safe.    Upon  the  completion  of  any 
new  building  or  an  alteration  in  any  flues  of  an  existing  building,  the 
flues  shall  be  properly  cleaned  and  left  smooth  on  the  inside.    Any 
chimney  which  shall  be  dangerous  hi  any  manner  whatever  shall 
be  repaired  and  made  safe,  or  taken  down. 

8.  Unlawful  use  of  flues.    It  shall  be  unlawful  to  use  as  a  smoke 
flue  any  flue  hereafter  erected  or  placed  in  any  building,  or  any  flue 
now  existing  and  not  already  used  as  a  smoke  flue,  unless  it  conforms 
to  the  requirements  of  this  section.    I^othing  in  this  article,  however, 
shall  prevent  the  use  of  approved  metal  flue  linings  for  the  repair 
or  alteration  of  flues  in  residence  buildings. 

9.  Raising  adjoining  chimneys,     a.  Whenever  a  building,   wall 
or  structure  is  hereafter  erected,  altered,  enlarged  or  raised  so  that 
any  of  the  walls,  whether  independent  or  party,  along  a  property 
line  or  within  three  feet  thereof,  extends  above  the  top  of  any  chim- 
ney, smoke  flue  or  smokestack  of  an  adjoining  building  or  structure, 
the  owner  of  the  building,  wall  or  structure  so  erected,  altered,  en- 
larged or  raised,  shall,  at  his  own  expense,  carry  up,  either  independ- 
ently or  in  his  own  building,  wall  or  structure,  all  chimneys,  smoke 
flues  and  smokestacks  of  such  adjoining  building  or  structure  within 
ten  feet  of  any  portion  of  the  said  wall  extending  above  such  chim- 
ney, flue  or  stack.    The  construction  of  such  chimneys,  flues  or  stacks 
shall  conform  to  the  requirements  of  this  article  applying  thereto, 
but  in  no  case  shall  the  internal  area  of  any  flue  or  stack  as  raised  be 
less  than  that  of  the  existing  flue  or  stack.    All  such  chimneys,  flues 
or  stacks  shall  be  carried  above  the  walls  in  question  to  the  heights 
prescribed,  and  shall,  furthermore,  be  so  constructed,  supported  and 
braced  as  to  be  at  all  times  safe. 

b.  It  shall  be  the  duty  of  the  owner  of  the  building,  wall  or  struc- 


BUILDING   CODE  125 

ture  to  be  erected,  altered,  enlarged  or  raised  to  notify  in  writing, 
at  least  ten  days  before  such  work  is  begun,  the  owner  of  the  chim- 
neys, flues  or  stacks  affected,  of  his  intention  to  carry  up  such  chim- 
neys, flues  or  stacks  as  herein  provided,  and  unless  released  in  writing 
he  shall  carry  up  such  chimneys,  flues  or  stacks  simultaneously  with 
the  walls. 

§  393.  Fireplaces.  1.  Firebacks. — The  firebacks  of  all  fireplaces 
hereafter  erected  shall  be  not  less  than  eight  inches  in  thickness  of 
solid  masonry.  A  lining  of  firebrick  or  other  approved  material  at 
least  two  inches  thick  shall  be  provided  unless  the  fireback  is  twelve 
inches  in  thickness. 

2.  Trimmer  arches.     All  fireplaces  and  chimney  breasts  where 
mantels  are  placed,  whether  intended  for  ordinary  fireplace  use  or 
not,  shall  have  trimmer  arches  of  fireproof  construction  supporting 
hearths.    The  arches  and  hearths  shall  be  at  least  twenty  inches  in 
width  measured  from  the  face  of  the  chimney  breast.     Trimmer 
arches  shall  be  of  brick,  stone,  terra  cotta  or  reinforced  concrete. 
The  length  of  the  trimmer  arch  shall  not  be  less  than  the  width  of 
the  chimney  breast,  and  the  length  of  the  hearth  shall  be  not  less 
than  the  width  of  the  mantel.    The  hearths  shall  be  of  brick,  stone, 
tile  or  other  approved  fireproof  material.    The  combined  thickness 
of  trimmer  arch  and  hearth  shall  at  no  point  be  less  than  six  inches. 
Wood  centres  under  trimmer  arches  shall  be  removed  before  plaster- 
ing the  ceiling  underneath. 

3.  Heaters.    No  heater  shall  be  placed  in  a  fireplace  which  does 
not  conform  to  the  foregoing  requirements  of  this  section. 

4.  Mantels.    No  wood  mantel  or  other  woodwork  shall  be  here- 
after placed  within  eight  inches  on  either  side  nor  within  twelve 
inches  of  the  top  of  any  open  fireplace.    If  a  coal-burning  heater  of 
the  Baltimore  type  is  placed  in  a  fireplace,  any  mantel  that  may  be 
provided  shall  be  of  incombustible  material.    No  combustible  sum- 
mer piece  or  fireboard  shall  be  used  in  connection  with  any  open  fire- 
place.   All  spaces  back  of  combustible  mantels  shall  be  solidly  filled  - 
in  with  incombustible  material. 

5.  False  fireplaces.    False  fireplaces  using  summer  pieces  or  fire- 
boards  shall  not  be  placed  in  any  building  except  against  an  unfurred 
masonry  wall  or  a  fireproof  partition. 

§  394.  Metal  smokestacks.  1.  Construction. — Metal  smokestacks 
must  be  so  constructed  that  they  will  be  securely  supported  and  that 
the  materials  entering  into  their  construction  or  serving  as  support 
shall  not  be  stressed  beyond  the  working  stresses  fixed  by  this  chap- 
ter. The  metal  work  must  be  riveted  and  of  adequate  thickness, 
but  not  less  than  No.  16  U.  S.  gage  when  the  cross-sectional  area  is 
one  hundred  and  fifty-four  square  inches  or  less,  not  less  than  No. 
14  U.  S.  gage  when  the  cross-sectional  area  is  more  than  one  hundred 
and  fifty-four  square  inches  and  not  more  than  two  hundred  and  one 
square  inches,  not  less  than  No.  12  U.  S.  gage  when  the  cross-sectional 
area  is  more  than  two  hundred  and  one  square  inches  but  not  more 
than  two  hundred  and  fifty-four  square  inches,  and  not  less  than  No. 
10  U.  S.  gage  when  the  cross-sectional  area  is  more  than  two  hundred 
and  fifty-four  square  inches.  All  metal  work  shall  be  painted:  gal- 
vanized metal  shall  not  be  used.  Clean-out  openings  shall  be  pro- 
vided at  the  base  of  every  such  stack. 


126  CODE   OP   ORDINANCES   OF  THE   CITY   OF  NEW  YORK 

2.  Height.     All  such  stacks  serving  high  grade  heat  producing 
devices  shall  extend  to  a  height  of  not  less  than  ten  feet  above  the 
highest  point  of  any  roof  within  twenty-five  feet. 

3.  Independent  stacks.    All  such  stacks  hereafter  erected,  outside 
and  independent  of  any  building,  shall  be  supported  on  substantial 
masonry  foundations,  so  designed  that  the  maximum  pressure  on 
the  soil  shall  not  exceed  two-thirds  of  that  prescribed  in  §  231  of 
this  chapter. 

4.  Exterior  stacks.    Any  such  stacks,  or  any  part  thereof,  hereafter 
erected  on  the  immediate  exterior  of  the  building  it  serves  shall 
be  braced  to  such  building  at  least  every  twenty  feet.    It  shall  have 
a  clearance  of  not  less  than  four  inches  from  the  walls  of  a  fireproof 
or  non-fireproof  building  and  not  less  than  twenty-four  inches  from 
the  walls  of  a  frame  building;  and  a  clearance  of  not  less  than  twenty- 
four  inches  in  any  direction  from  any  wall  opening,  fire  escape  or 
other  exit  facility,  unless  such  stack  is  insulated  in  some  approved 
manner,  in  which  case  the  clearances  herein  provided  may  be  reduced 
an  amount  fixed  by  the  superintendent  of  buildings  when  approving 
the  insulation. 

5.  Interior  stacks.     Any  such  stack,  or  part  thereof,  hereafter 
erected  within  any  building  shall  be  enclosed  in  walls  of  approved 
masonry;  or,  if  in  a  fireproof  building,  such  stack,  or  part  thereof, 
shall  be  enclosed  in  walls  of  brick,  terra  cotta  blocks  or  concrete 
not  less  than  eight  inches  thick,  with  a  space  left  between  the  stack 
and  the  enclosing  walls  sufficient  to  render  the  entire  stack  accessible 
for  examination  and  repair.     The  enclosing  walls  shall  be  without 
openings  above  the  story  at  which  it  starts. 

6.  Prohibition.     Smokestacks  shall  not  be  carried  up  inside  of 
vent  stacks  or  flues  connected  to  ranges,  unless  such  vent  stacks 
or  flues  are  constructed  as  required  by  this  article  for  smokestacks 
or  smoke  flues. 

§  395.  Cupola  chimneys. — Chimneys  or  cupola  furnaces,  blast 
furnaces  and  similar  devices  shall  extend  at  least  twenty  feet  above 
the  highest  point  of  any  roof  within  a  radius  of  fifty  feet  thereof  and 
be  covered  on  the  top  with  heavy  wire  netting  or  other  approved 
spark  arrester.  No  woodwork  shall  be  within  three  feet  of  any  part 
of  such  device  or  its  chimney. 

§  396.  Underground  smoke  flues  shall  be  covered  with  at  least 
twelve  inches  of  solid  masonry,  or  an  approved  equivalent  insulation. 
If  clean-out  openings  are  installed  they  shall  be  provided  with  ap- 
proved double  iron  doors  or  covers,  of  which  the  two  parts  are  twelve 
inches  apart,  with  the  intervening  space  filled  with  insulating  ma- 
terial. No  combustible  flooring  shall  be  laid  over  any  such  flues. 

§  397.  Ranges.  1.  Kitchen  ranges. — -When  fixed  ranges  are  to  be 
installed  in  any  building  hereafter  erected  trimmer  arches  extending 
beyond  such  ranges  not  less  than  six  inches  on  all  sides  shall  be  pro- 
vided unless  the  floor  is  of  fireproof  construction.  No  such  range 
shall  be  placed  against  a  stud  partition,  a  furred  wall  or  any  other  com- 
bustible construction.  When  any  such  range  is  to  be  placed  within 
twelve  inches  of  a  wood  stud  partition  the  said  partition  shall  be 
shielded  with  metal  from  the  floor  to  a  height  of  not  less  than  three 
feet  higher  than  the  range,  provided  that  when  the  range  is  within 
six  inches  of  the  partition  the  studs  shall  be  cut  away  and  framed 


• 


BUILDING   CODE  127 

three  feet  higher  and  one  foot  wider  than  the  range  and  filled  in  to 
the  face  of  the  said  stud  partition  with  brick  or  fireproof  blocks. 

2.  Hoods  over  ranges.  All  hoods  and  ducts  for  same  placed  over 
hotel  or  restaurant  ranges  shall  be  constructed  of  incombustible 
materials  and  installed  in  accordance  with  the  requirements  of  §  403 
for  smokepipes. 

§  398.  Drying  rooms. — Drying  rooms  hereafter  placed  within 
any  building  as  a  part  of  the  building  shall  be  constructed  entirely 
of  incombustible  materials.  When  the  heating  pipes  are  not  placed 
overhead,  they  shall  be  so  shielded  as  to  preserve  at  all  times  a  clear 
space  of  not  less  than  two  inches  between  them  and  the  contents. 
All  such  drying  rooms  shall  be  ventilated  directly  to  the  outer  air 
by  vent  flues  or  ducts  installed  as  specified  in  §  403  of  this  article 
for  smokepipes. 

§  399.  Smoke  houses. — All  smoke  houses  hereafter  erected  as  part 
of  any  building  shall  be  of  fireproof  construction  with  walls  of  brick 
or  reinforced  concrete.  All  openings  shall  be  provided  with  fire 
doors.  The  interior  framing,  racks,  hangers  and  other  interior 
fittings  shall  be  of  incombustible  materials. 

§  400.  Registers. — All  registers  used  in  any  hot-air  furnace  heating 
system,  placed  in  any  woodwork  or  combustible  floor,  shall  rest  upon 
stone  or  iron  borders  firmly  set  in  plaster  of  paris  or  gauged  mortar. 
All  register  boxes  used  in  any  such  heating  system  shall  DC  made  of 
tin  plate  or  galvanized  iron  with  a  flange  to  fit  the  rabbet  in  the 
border.  The  register  box  shall  be  enclosed  in  a  tin  or  galvanized 
iron  casing  turned  under  the  border  and  spaced  at  least  two  inches 
from  the  sides  of  the  box.  Such  casing  shall  extend  from  the  border 
to  and  through  the  ceiling  below  in  the  case  of  a  floor  register  and 
through  the  partition  in  the  case  of  a  wall  register.  When  a  register 
box  is  placed  in  the  floor  over  a  portable  furnace,  the  space  on  all 
sides  between  the  casing  an  1  the  register  box  shall  be  not  less  than 
four  inches.  Every  hot-air  furnace  shall  have  at  least  one  register 
without  valve  or  louvres. 

§  401.  Vint  flues. — Flues  hereafter  erected  for  the  removal  of 
foul  air  or  the  transmission  of  heated  air  shall  be  encased  in  masonry 
not  less  than  four  inches  thick  and  shall  be  lined  with  terra  cotta  or 
other  approved  incombustible  material.  Not  more  than  one  gas 
burning  device  shall  be  direct-connected  to  any  flue,  nor  shall  any  such 
device  be  connected  to  any  flue  used  as  a  smoke  flue.  Any  flue  to 
which  a  gas  burning  device  is  direct-connected  shall  be  constructed 
as  required  in  §  392  for  a  smoke  flue. 

§  402.  Ducts.  1.  General. — Except  as  may  be  otherwise  specif- 
ically permitted  or  prescribed,  the  transmission  of  air  through 
buildings  for  heating  or  ventilation  shall  be  by  means  of  ducts  con- 
structed as  in  this  section  provided. 

2.  Casing.     No  casing,  furring  or  lath  of  wood  shall  be  placed 

r'nst  or  cover  a  duct  of  any  kind;  but  this  shall  not  prevent  the 
ing  of  woodwork  on  a  covering  over  such  ducts,  of  metal  lath 
and  plaster,  plaster  board  or  asbestos,  provided  the  thickness  of  the 
covering  is  not  less  than  seven-eighths  of  an  inch. 

3.  'In  partitions.      Duets  hereafter  placed  in  combustible  parti- 
tions shall  he  covered  with  one-half  inch  of  corrugated  :il>sestos  or 
shall  be  constructed  double  with  a  one-half  inch  air  space.     The 


128  CODE   OF   ORDINANCES  OP  THE   CITY   OP   NEW   YORK 

asbestos  covering  or  outside  pipe  shall  be  not  less  than  one  and  one- 
half  inches  away  from  the  woodwork.  In  lieu  of  the  above  protection, 
four  inches  of  brickwork  or  concrete  may  be  placed  between  the  duct 
and  the  woodwork. 

4.  In  floors.     Ducts  hereafter  placed  between  the  flooring  and 
ceiling  of  non-fireproof  floors,  shall  be  constructed  double  with  a 
one-inch  air  space.     The  outside  pipe  shall  be  not  less  than  two 
inches  from  any  woodwork,  which  shall  be  covered  with  metal. 

5.  In  closets.    Ducts  hereafter  placed  in  closets  or  similar  concealed 
spaces  shall  be  double  with  a  one  and  one-half  inch  air  space,  or  shall 
be  covered  with  approved  incombustible  insulation,  not  less  than  one 
inch  thick.    When  constructed  double  the  outside  pipe  shall  be  not 
less  than  No.  18  U.  S.  gage,  and  not  less  than  one  inch  from  any  wood- 
work. 

6.  Passing  through  partitions  and  floors.    Ducts  hereafter  placed 
to  pass  through  combustible  partitions  or  floors  shall  be  constructed 
double,  with  a  one  and  one-half  inch  air  space  open  at  one  end,  or 
shall  be  covered  with  approved  incombustible  insulation  not  less 
than  one  inch  thick. 

7.  Horizontal  ducts.    Ducts  used  for  hot-air  furnace  heating,  here- 
after placed  under  cellar  ceilings,  shall  be  at  least  six  inches  below 
wood  floor  beams,  wood  lath  and  plaster  ceiling  or  other  combustible 
materials;  but  if  such  combustible  construction  is  protected  by  metal 
lath  and  plaster,  plaster  board  or  one-half  inch  asbestos  the  distance 
may  be  not  less  than  three  inches. 

8.  Cold  air  ducts.    The  cold  air  ducts  of  any  heating  system  shall 
be  of  metal  or  other  approved  fireproof  material. 

9.  Hot  air  ducts.    No  hot-air  furnace  duct  shall  be  placed  in  any 
floor,  partition  or  enclosure,  of  combustible  construction,  unless  it 
be  at  least  eight  feet  distant  in  a  horizontal  direction  from  the  fur- 
nace. 

§  403.  Smoke  pipes.     1.  Restriction. — No  smoke  pipe  shall  pass 
through  any  floor,  nor  through  any  non-fireproof  roof. 

2.  Clearance.     The  clear  distance  between  any  smoke  pipe  or 
metal  breeching  and  any  combustible  material  or  construction  shall 
be  not  less  than  eighteen  inches  in  the  case  of  low  grade  heat  produc- 
ing devices,  nor  less  than  thirty-six  inches  for  medium  or  high  grade 
heat  producing  devices,  except  that,  when  such  smoke  pipes  or 
breechings  are  protected  with  not  less  than  two  inches  of  asbestos 
or  in  some  other  approved  manner,  such  clearances  may  be  reduced 
one-half,  and  that,  in  the  case  of  smoke  pipes  used  on  ordinary  ranges 
and  stoves  in  tenements  or  other  residence  buildings  having  not  more 
than  fifteen  sleeping  rooms,  such  clearances  may  be  not  less  than 
nine  inches  when  the  combustible  material  or  construction  is  pro- 
tected by  one-half  inch  asbestos  or  its  equivalent,  nor  less  than  eight- 
een inches  when  not  so  protected. 

3.  Protection  through  partitions.    Smoke  pipes  from  ordinary  ranges 
and  stoves  in  residence  buildings  may  pass  through  combustible 
partitions,  provided  every  such  pipe  is  guarded  by  a  double  metal 
ventilated  thimble  twelve  inches  larger  in  diameter  than  the  pipe, 
or  by  a  metal  tube  built  in  brickwork  or  other  approved  fireproof 
materials,  not  less  than  eight  inches  thick  on  all  sides  of  the  tube. 

§  404.  Steam  and  fiot  water  pipes.     1.  Protection.— Steam  or  hot 


BUILDING    CODE  129 

water  pipes  shall  not  be  placed  nearer  than  one  inch  to  any  wood- 
work unless  the  woodwork  is  covered  with  metal,  in  which  case  the 
distance  shall  be  not  less  than  one-half  inch.  Every  steam  or  hot 
water  heating  pipe  passing  through  a  combustible  floor  or  partition 
shall  be  protected  by  a  metal  tube  one  inch  larger  in  diameter  than 
the  pipe.  Any  such  pipe  passing  through  stock  shelving  shall  be 
covered  with  not  less  than  one  inch  of  approved  insulation.  All 
wood  boxes  or  casings  inclosing  steam  or  hot  water  heating  pipes,  or 
wood  covers  to  recesses  in  walls  in  which  such  pipes  are  placed,  shall 
be  lined  with  metal. 

2.  Pipe  coverings.  Any  coverings  or  insulation  used  on  steam  or 
hot  water  pipes  shall  be  of  incombustible  material  (Ord.  became  law 
Nov.  23,  1915,  effective  Feb.  23,  1916.) 


ARTICLE  20 

ROOFING   AND    ROOF   STRUCTURES 

(As  amended  by  ord.  effective  Nov.  £3,  1915) 

Sec.  420.  General. 
§421.  Roofing. 
§  422.  Cornices  and  gutters. 
§423.  Leaders. 

§424.  Sky-lights.  » 

"  425.  Scuttles. 

426.  Roof  houses. 

427.  Slanting  roofs. 

428.  Tanks. 

429.  Cooling  towers. 

Sec.  420.  General. — Except  when  otherwise  specifically  provided 
for  in  this  chapter,  all  construction,  other  than  water  tanks,  hereafter 
placed  above  the  roof  of  any  part  of  any  building  within  the  fire 
limits  or  of  any  building  more  than  forty  feet  in  height  outside  the 
fire  limits,  shall  be  of  incombustible  materials. 

§  421.  Hoofing.  1.  Materials. — Except  as  otherwise  in  this  chapter 
specifically  provided,  every  roof  hereafter  placed  on  any  building  or 
part  thereof,  shall  be  covered  with  an  approved  roofing  of  brick 
concrete,  tile,  slate,  metal,  asbestos,  slag,  gravel,  or  other  approved 
incombustible  material. 

2.  Planking.    When  wood  planking  or  sheathing  is  permitted  in 
roof  construction,  it  shall  not,  in  any  case,  extend  across  any  side 
or  party  walls. 

3.  Repairs.    No  roofing  on  any  existing  roof  shall  be  renewed  or 
repaired,  except  in  conformity  with  the  requirements  of  this  section, 
provided,  however,  that  when  the  renewal  or  necessary  repairs  do  not 
constitute  more  than  one-fourth  of  the  roofing  in  any  one  roof 
surface,  the  new  work  may  be  made  to  conform  to  the  existing 
roofing. 

§422.  Cornices   and   gutters.      1.  Construction. — All   cornices  in- 


130  CODE    OF   ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

elusive  of  those  on  show  windows,  and  gutters,  hereafter  placed  on 
the  exterior  of  any  building,  except  buildings  that  are  permitted  to 
be  of  frame  construction,  shall  be  of  incombustible  materials.  When 
constructed  of  sheet  metal  they  shall  be  riveted  in  the  seams  at 
intervals  of  not  more  than  five  inches.  Cornices  shall  be  secured  to 
the  walls  with  metal  framing  or  anchors,  spaced  not  more  than  four 
feet  apart,  and  extending  not  less  than  four  inches  into  the  wall  at 
top  and  bottom. 

2.  Repairs.  All  cornices  or  gutters  that  may  now  be  or  that  may 
hereafter  become  unsafe  shall  be  taken  down,  and  if  replaced,  shall 
be  constructed  to  conform  to  the  requirements  for  new  cornices, 
except  that  when  any  such  cornice  or  gutter  is  not  damaged  to  a 
greater  extent  than  one-half,  it  may  be  repaired  with  the  same 
material  as  originally  constructed. 

§  423.  Leaders. — All  buildings  shall  be  provided  with  proper  leaders 
for  conducting  water  from  the  roofs.  In  no  case  shall  the  water  from 
leaders  be  allowed  to  flow  upon  the  sidewalk,  but  it  shall  be  con- 
ducted by  pipe  or  pipes  to  the  sewer.  If  there  be  no  sewer  in  the 
street  then  the  water  from  the  leader  shall  be  conducted  by  proper 
pipe  or  pipes,  below  the  surface  to  a  street  gutter,  or  to  a  cesspool. 

§  424.  Skylights.  1.  Construction. — All  skylights  hereafter  placed 
in  any  building,  shall  have  the  sashes  and  frames  thereof  constructed 
of  metal,  except  that  skylights  in  foundries  or  buildings  where  acid 
fumes  are  present  as  an  incident  to  the  occupancy  of  the  building 
may  be  of  wood  in  the  discretion  of  the  superintendent  of  buildings. 
The  frames  and  other  parts  of  metal  skylights  shall  be  riveted  or 
otherwise,  securely  fastened,  in  addition  to  soldering,  and  shall  be 
securely  anchored  to  the  supporting  structure. 

2.  Glazing.     Skylights  placed  over  shafts  of  any  kind  shall  be 
glazed  with  plain  glass  not  less  than  three-sixteenths  of  an  inch  in 
thickness.    No  pane  of  glass  in  any  such  skylights  hereafter  placed 
in  any  building  shall  exceed  seven  hundred  and  twenty  square  inches 
in  area. 

3.  Protection.    Every  skylight  in  which  plain  glass  is  used  shall  be 
protected  by  a  wire  screen  placed  not  less  than  four  inches  nor  more 
than  ten  inches  above  the  glazed  portion  of  the  skylight  at  all  points. 
Such  screen  shall  be  not  lighter  than  No.  12  U.  S.  gauge,  shall  have 
a  mesh  of  not  less  than  three-fourths  of  an  inch  nor  more  than  one 
inch,  shall  extend  beyond  the  glazing  on  all  sides  a  distance  not  less 
than  the  height  of  the  screen  above  the  glazing.     When  any  such 
skylight  is  located  over  any  passageway  or  any  room  of  public  resort 
a  similar  screen  shall  also  be  placed  below  the  skylight. 

§  425.  Scuttles. — Unless  provided  with  some  other  means  of  access 
to  the  roof,  every  building  more  than  fifteen  feet  high,  except  dwell- 
ings with  peak  roofs,  shall  have  in  the  roof  a  scuttle,  with  a  substantial 
iron  ladder  leading  thereto.  All  scuttles  shall  be  covered  on  the  top 
and  edges  with  sheet  metal  or  other  approved  incombustible  material. 
The  scuttle  openings  shall  be  at  least  two  feet  by  three  feet  in  size. 

§  426.  Roof  houses.  1.  Definitions. — a.  The  term  bulkhead  as 
used  in  this  section  includes  all  such  enclosed  structures  above  the 
roof  of  any  part  of  a  building  as  enclose  only  stairways,  tanks, 
elevator  machinery  or  ventilating  apparatus,  or  shafts. 

b.  The  term  pent  house  as  used  in  this  section  means  any  enclosed 


BUILDING   CODE  131 

structure,  other  than  a  bulkhead,  extending  not  more  than  twelve 
feet  above  a  roof. 

2.  Bulkheads.     The  walls  of  any  bulkhead  hereafter  erected  on 
any  roof  of  a  fireproof  building,  shall  be  constructed  as  required  for 
fire  partitions  by  subdivision  1,  section  372  of  this  chapter.    Such 
walls  may  be  used  as  bearing  walls  of  the  bulkhead  roofs  when  they 
do  not  exceed  fifteen  feet  in  height  and  thirty-five  feet  in  length,  and 
the  roof  span  does  not  exceed  twelve  feet.    The  roofs  of  such  bulk- 
heads shall  be  of  fireproof  construction  as  provided  by  section  354 
of  this  chapter.    The  walls  and  roofs  of  all  bulkheads,  unless  con- 
structed of  approved  masonry,  shall  be  covered  on  the  outside  with 
incombustible,  weatherproof  material. 

3.  Pent  houses.    Every  pent  house  shall  be  considered  a  story  of 
the  building  and,  except  as  may  be  otherwise  specifically  provided 
by  law,  its  construction  shall  conform  to  the  requirements  for  build- 
ings of  a  height  to  which  such  pent  house  is  carried;  provided  that 
when  any  exterior  wall  of  such  pent  house  sets  back  not  less  than 
five  feet  from  the  exterior  walls  of  the  next  lower  story  of  the  building 
it  may  be  constructed  of  brick  not  less  than  eight  inches  thick,  or 
hollow  building  blocks  not  less  than  six  inches  in  thickness,  covered 
on  the  outside  with  incombustible  weatherproof  material,  and  sup- 
ported by  steel  or  reinforced  concrete  girders. 

4.  Doors  and  windows.    All  doors  and  door  frames  in  the  exterior 
walls  of  bulkheads  or  pent  houses  shall  be  metal  or  metal  covered 
wood.    All  v.  indows  in  bulkheads  or  pent  houses,  except  where  other- 
wise specifically  provided  for,  shall  be  constructed  as  other  windows  of 
the  building  similarly  locatea. 

5.  Sun  parlors.    Nothing  in  this  section  shall  prevent  the  erection 
on  any  roof  of  any  building,  of  sun  parlors  or  rooms  for  similar  pur- 
poses, provided  that  only  incombustible  materials  are  used  in  the 
construction,  and  the  floor  of  such  structure  is  constructed  as  re- 
quired for  the  roof  of  the  building. 

§427.  Slanting  roofs.  1.  Construction. — Every  mansard  or  other 
slanting  roof  having  a  pitch  of  more  than  sixty  degrees,  hereafter 
placed  on  any  non-fireproof  building  over  forty  feet  high,  shall  be 
constructed  fireproof  as  specified  in  section  354  of  this  chapter. 

2.  Dormer  windows.  Every  dormer  window  hereafter  erected 
shall  be  constructed  in  the  same  manner  as  the  roof  on  which  it  is 
placed.  The  sides  and  top  shall  be  covered  with  any  of  the  materials 
approved  for  roofing. 

§428.  Tanks.  1.  Supports.— Tanks  of  more  than  500  gallons 
capacity  hereafter  placed  in  or  on  any  building  shall  be  supported  on 
masonry,  reinforced  concrete  or  steel  construction  of  sufficient 
strength  and  curried  to  a  proper  foundation. 

2.  Emergency  outlet.    Every  such  tank  shall  have  in  the  bottom  or 
on  the  side  near  the  bottom,  a  pipe  or  outlet,  not  less  than  four  inches 
in  diameter,  fitted  with  a  suitable  quick-opening  valve  for  discharging 
the  contents  in  an  emergency. 

3.  Location.    Such  tanks  shall  not  be  placed  over  nor  near  a  line 
of  stairs  or  an  elevator  shaft,  unless  there  is  a  solid  roof  or  floor 
underneath  the  tank. 

4.  Covers,    All  unenclosed  roof  tanks  shall  have  covers  with  proper 
slope. 


132          ror>K  OK  OIUMNA.VKH  or  Tin;  MTV  OK  NKW   YOHK 

.r>.  1 1  oo/>:;.  When  hoops  arc  used  in  the  construction  of  tanks  they 
sha.ll  be  of  metal  round  in  section. 

§  42!).  (tooling  lowers.  <  looling  towers  hcreaf-  i  above  any 

roof  H}I;I,||  !>••  of  incombustible  material,  except  the  drip  bare,  which 
may  be  of  wood. 


ARTICLE  21 

MISCELLANEOUS    KKQIIJREMENTH 

(As  amended  by  ord.  effective  Dec.  21,  1916} 

Sec.  440.  Cellar  ceilings. 

'HI.  Cellar  floors. 

442.  I  'ellar  parti (ions. 

44.'».  Waterproofing. 

444.  Floor  lights. 

445.  ( fitting  bearriH. 

446.  Bay  and  show  window  conHtruction. 

See.  440.  Cellar  cfi.li.n.(/:;.--ln  any  building  hereafter  erected,  or 
altered  so  as  to  change  its  occupancy,  exre.pt  one-story  buildings 
OUtside  of  the  (ire  limits  and  buildings  occupied  exclusively  for  resi- 
dence purposes  by  one  or  two  families,  the  wood  beams  over  the 
cellar,  or  over  the  lowest  story,  if  such  story  is  partly  below  the  curb 
or  the  surrounding  ground  level,  when  the  curl)  level  has  not  been 
established,  shall  be  covered  with  metal  lath  and  plaster,  plaster 
board  and  plaster,  or  other  approved  incombustible  material. 

§441.  Cellar  floors, — In  all  buildings  hereafter  erected  the  cellar 

floor  or  any  floor  resting  directly  on  the  ground  shall  consist  of 
I  :.''>:(')  stone,  or  cinder  concrete  not  less  than  four  inches  thick. 

§  442.  Cellar  partition*. — In  all  non-fireproof  buildings,  except 
buildings  occupied  exclusively  for  residence  purposes  by  one  or  two 
families,  permanent  partitions  in  the  cellar,  or  in  any  story  more  than 
half  below  the  curb,  shall  be  constructed  of  incombustible  materials, 
unless  such  partitions  enclose  only  coal  or  wood  bins  and  do  not 
extend  to  the  ceiling. 

§  443.  Waterproofing. — In  all  buildings  hereafter  erected,  the  ex- 
terior walls  below  the  ground  level  and  floors  below  the;  curb  level 
resting  directly  on  the  ground,  shall,  when  required,  be  waterproofed 
in  accordance  wit  h  t  he  rules  adopted  by  the  superintendent  of  build- 
ings. 

§444.  Flnnr  lighlx. — Floor  lights  shall  be  constructed  of  metal 
frames  and  bars  or  pl.-i.trs,  reinforced  concrete;  or  other  approved 
inrombustiblr  materials.  If  any  glass  in  same  measures  more  than 
sixteen  square  inches,  it,  shall  be  provided  with  a  mesh  of  wire  either 
in  the  glass  or  under  l  he  same.  Moor  lights  shall  be  of  the  same 
Htrengfh  as  the  floors  in  which  they  are  placed,  (ilass  shall  not  be 
less  than  three-quarters  of  an  inch  in  thickness. 

§  445.  Culling  beanvt. — No  beam  shall  be  cut  or  pierced  in  any 
manner  that  would  cause  the  beam  to  be  of  insullicient  strength  for 
its  load. 


BUILDING   CODE  133 

§  446.  Bay  and  show  window  construction. — Bay  windows  and  show 
windows  that  extend  beyond  the  exterior  walls,  hereafter  constructed 
or  placed  on  any  fireproof  or  non-fireproof  building,  shall  be  con- 
structed of  incombustible  materials  and  in  such  manner  as  will  meet 
with  the  approval  of  the  superintendent  of  buildings. 


ARTICLE  22 

FRAME  BUILDINGS 

(As  amended  by  ord.  effective  Nov.  23,  1915) 

Sec.  470.  Height. 
§  471.  Area. 

§  472.  Frame  construction. 
§  473.  Filling  in  walls. 
§  474.  Roofing. 
§  475.  Towers. 
§  476.  Piazzas. 
§  477.  Minor  structures. 
§  478.  Temporary  structures. 
§  479.  Miscellaneous  frame  structures. 
§  480.  Permissible  alterations. 
§  481.  Use  of  masonry  walls. 

§470.  Height.  Except  as  may  be  otherwise  specifically  provided 
in  this  chapter,  or  in  the  rules  authorized  thereunder,  no  frame  building 
or  structure  hereafter  erected  or  enlarged  shall  exceed  40  feet  in  height, 
except  that  buildings  used  in  whole  or  in  part  as  garages,  motor  vehicle 
repair  shops  or  oil  selling  stations  shall  not  exceed  25  feet  in  height. 

Adopted  July  3,  1917.    Became  effective  July  17,  1917. 

§  471.  Area.  1.  Building  area. — No  frame  building  hereafter 
erected  or  enlarged  shall  exceed  five  thousand  square  feet  in  area. 

2.  Plot  area. — The  combined  area  of  frame  buildings,  sheds  and 
outhouses  located  on  any  lot  or  plot  shall  not  exceed  eighty  per 
cent,  of  the  area  of  that  part  of  the  lot  or  plot  which  is  not  already 
covered  by  fireproof  or  non-fireproof  buildings. 

§  472.  Frame  construction.  The  wood  framework  of  all  frame  build- 
ings, hereafter  erected,  shall  consist  of  sills,  posts,  girts  and  plates  of  suit- 
able size  and  materials  with  proper  mortise  and  tenon  framing  and  braced 
with  studs  at  all  angles,  but  this  shall  not  prohibit  the  use  of  balloon 
framing  with  proper  sills,  posts,  ribbon  strips  and  plates  provided  the 
building  is  properly  braced  in  all  angles  or  the  sheathing  is  put  on  diag- 
onally. Floor  and  roof  beams  and  rafters  shall  not  be  less  than  2  inches 
in  thickness.  No  part  of  the  wood  framework  shall  be  built  below  the 
ground  level. 

Adopted  April  24,  1917.     Became  effective  May  8,  1917. 

§  473.  Filling  in  walls.  1.  Independent  walls. — Any  exterior  wall 
of  frame  construction,  hereafter  erected  within  three  feet  of  a  side 
or  rear  line  of  the  lot  or  plot  on  which  it  is  located,  or  hereafter 
erected  as  the  side  wall  of  any  frame  tenement  house,  shall  have  the 
spaces  between  the  studding  filled  in  solidly  with  brickwork  or  other 
approved  incombustible  material. 

2.  I 'arty  wallx.  Every  party  wall  of  frame  construction  hereafter 
erected  shall  have  the  studding  filled  in  solidlv  with  brickwork  or 


134  CODE   OF   ORDINANCES   OP  THE   CITY   OF  NEW   YORK 

other  approved  incombustible  material  not  less  than  four  inches 
thick.  Every  interior  wall  of  frame  construction  extending  from 
front  to  rear  without  openings  and  dividing  the  building  into  sepa- 
rate and  distinct  parts,  shall  have  the  studding  filled  in  solidly  with 
brickwork  or  other  approved  incombustible  material. 

3.  Extent  of  filling.  The  filling  herein  required  in  exterior  or  party 
walls  of  frame  construction  shall  in  all  cases  be  carried  up  from  the 
ground  to  the  under  side  of  the  roof  boards. 

§  474.  Roofing.  1.  Within  the  fire  limits. — Any  roofing  hereafter 
placed  on  any  frame  building  within  the  fire  limits  shall  be  of  ap- 
proved incombustible  materials,  provided  that  any  existing  shingle 
roof  may  be  repaired  at  any  time  to  an  extent  of  not  more  than 
twenty-five  per  cent,  of  its  surface. 

2.  Outside  of  fire  limits.  Nothing  in  this  chapter  shall  prevent 
the  use  of  wood  shingles  outside  the  fire  limits  on  any  building  which, 
under  the  provisions  of  this  chapter,  is  permissible  of  frame  construc- 
tion. 

§  475.  Towers.  1.  On  residence  buildings. — Outside  of  the  fire 
limits  towers,  turrets  or  minarets  of  frame  construction  may  be 
erected  on  frame  buildings  occupied  or  used  exclusively  as  residence 
buildings,  provided  they  do  not  extend  more  than  ten  feet  above 
the  limiting  height  for  frame  buildings  and  do  not  cover  an  aggre- 
gate area  of  more  than  fifteen  per  cent,  of  the  roof  area  of  the  build- 
ing, and  that  the  greatest  horizontal  dimension  of  any  one  tower, 
turret  or  minaret  is  not  more  than  fifteen  feet. 

2.  Church  spires.     Outside  of  the  fire  limits  and  the  suburban 
limits,  towers  or  spires  of  frame  construction  may  be  erected  on 
frame  buildings  occupied  or  used  exclusively  as  churches  or  other 
places  of  worship,  provided  they  do  not  exceed  a  height  of  seventy- 
five  feet  above  the  curb  or  ground  level. 

3.  Covering.    All  towers  or  other  structures  provided  for  in  this 
section  shall  be  covered  on  the  exterior  with  approved  incombustible 
roofing. 

§  476.  Piazzas. — Within  the  fire  limits  and  the  suburban  limits, 
piazzas  or  balconies  of  wood  may  be  erected  on  residence  buildings 
having  not  more  than  fifteen  sleeping  rooms,  provided  they  do  not 
exceed  twelve  feet  in  width,  and  do  not  extend  more  than  three 
feet  above  the  second  story  floor  beams.  The  roofs  of  all  such  piazzas 
or  balconies  shall  be  covered  with  incombustible  material. 

"Piazza"  is  a  building,  within  the  sense  of  the  building  code.  Fire  Dept.  v. 
Buffum,  2  E.  D.  Smith,  11. 

§  477.  Minor  structures.  1.  Sheds. — Within  the  fire  limits  and 
the  suburban  limits  sheds,  open  on  at  least  one  side,  may  be  erected 
of  wood,  but  such  sheds  shall  not  exceed  fifteen  feet  in  height,  shall 
not  cover  an  area  exceeding  twenty-five  hundred  square  feet,  shall 
not  be  placed  nearer  than  four  feet  to  any  lot  line,  and  shall  be 
covered  on  the  sides  and  roof  with  incombustible  materials. 

2.  Outhouses.  Outhouses  of  wood  to  be  used  exclusively  for 
privies,  or  for  the  storage  of  coal  or  wood  for  domestic  purposes,  may 
be  erected  on  the  lot  with  any  residence  building  within  the  fire 
limits  or  the  suburban  limits,  provided  they  do  not  exceed  eight 
feet  in  height,  or  one  hundred  and  fifty  square  feet  in  area,  and  have 
the  roofs  covered  with  incombustible  materials. 


BUILDING   CODE  135 

3.  Builders'  shanties.     One-story  buildings  for  the  use  of  builders 
in  connection  with  any  building  operation  for  which  a  permit  has 
been  issued,  may  be  constructed  of  wood  and  placed  on  the  lot  or 
plot  where  such  building  operation  is  carried  on,  or  on  adjoining  lots 
or  plots  if  they  do  not  interfere  with  the  safe  occupancy  of  any 
buildings  thereon,  or  on  the  sheds  which  may  be  required  or  provided 
over  the  sidewalks  in  front  of  such  building  operation. 

4.  Fences.     Fences  of  wood  within  the  fire  limits  or  the  suburban 
limits  shall  not  exceed  twelve  feet  in  height. 

This  section  must  be  applied  in  connection  with  Article  16,  Chapter  23,  regulating 
signs  and  showbills.  It  is  derived  in  part  from  B.  C.,  §  144  and  the  following  cases 
applied  to  the  law  as  it  then  existed : 

A  permit  cannot  be  granted  to  one  citizen  to  do  that  which  would  be  penal  in 
another.  City  of  Brooklyn  v.  Furey,  9  Misc.  192.  A  charter  provision  granting 
a  city  power  to  regulate  height  of  bill-boards,  held  to  be  within  police  power.  City 
of  Rochester  v.  West,  164  N.  Y.  510;  Gunning  v.  City  of  Buffalo,  75  App.  Div.  31. 
Must  have  permit  to  erect  a  sky  sign.  Matter  of  City  of  N.  Y.,  122  App.  Div.  741 ; 
Kobbe  Co.  v.  City  of  N.  Y.,  122  App.  Div.  755;  City  of  N.  Y.  v.  Wineburgh,  122 
App.  Div.  748;  City  of  N.  Y.  v.  Wineburgh,  124  App.  Div.  641.  Ordinances  reg- 
ulating height  of  sky  signs  are  unauthorized  unless  passed  under  police  power. 
People  ex  rel.  Wineburgh  Adv.  Co.  v.  Murphy,  195  N.  Y.  126,  affg.  129  App.  Div. 
260.  As  to  bill-boards  on  sidewalks,  see  Sullivan  Adv.  Co.  v.  City  of  N.  Y.,  61 
Misc.  425. 

This  was  later  amended.  Bill-board  restrictions  are  reasonable  and  valid  exer- 
cise of  police  power.  People  ex  rel.  Van  Buren  v.  Miller,  161  App.  Div.  138. 

§478.  Temporary  structures.  1.  Meaning. — Temporary  structures 
shall  be  taken  to  mean  platforms,  reviewing  stands,  gospel  tents, 
circus  tents  and  other  structures  that  are  erected  to  serve  their 
purpose  for  a  limited  time. 

2.  Permit. ^    Temporary  structures  shall  not  be  erected  until  a 
permit,  specifying  the  purpose  and  the  period  of  maintenance,  shall 
nave  been  obtained  from  the  superintendent  of  buildings. 

3.  How  located.     Within  the  fire  limits  or  the  suburban  limits  no 
temporary  structure  which  is  enclosed  in  any  manner  shall  be  placed 
on  any  lot  nearer  than  four  feet  to  the  lot  line. 

4.  Removal.     Every  temporary  structure  shall  be  removed  at  the 
expiration  of  the  period  for  which  the  permit  was  issued,  unless  such 
permit  is  renewed. 

5.  Unlawful  use.     It  shall  be  unlawful  to  use  any  temporary 
structure  for  any  other  purpose  than  that  designated  in  the  permit. 

§  479.  Miscellaneous  from*  structures. — Frame  structures  which 
are  of  an  unusual  character  and  to  which  the  provisions  of  this  chap- 
ter do  not  directly  apply,  including  among  others,  buildings  for  fair 
und  exhibition  purposes"  towers  for  observation,  amusement  devices, 
greenhouses  and  lumber  sheds,  and  temporary  structures  of  any 
kind  shall  be  erected  in  conformity  to  such  rules,  consistent  with  the 
provisions  of  this  chapter  and  securing  the  general  intent  thereof, 
as  may  be  adopted  by  the  superintendent  of  buildings. 

§  480.  Permissible  alterations.  1.  A pplication.— Subject  to  the 
requirements  of  this  chapter  as  to  construction,  occupancy  and  loca- 
tion, any  existing  frame  building  within  the  fire  limits  or  the  subur- 
ban limits  occupied  exclusively  as  a  residence  building  and  having 
not  more  than  fifteen  sleeping  rooms,  may  be  altered  and  enlarged 
of  frame  construction  as  hereaft'-r  specified  in  this  section,  provided 
that  no  such  building  shall  be  altere  I  or  enlarged  to  be  used  for  any 
other  purpose. 


136  CODE   OP   ORDINANCES  OF  THE   CITY   OF   NEW   YORK 

2.  Raising  in  height,     a.  Any  such  building  situated  in  a  row  of 
frame  buildings  may  be  increased  in  height  to  conform  to  the  height 
of  adjoining  buildings. 

b.  Any  such  building  already  exceeding  twenty-five  feet  in  height, 
that  has  a  peaked  roof,  may  be  raised  for  the  purpose  of  making  a 
flat  roof  thereon,  provided  that  the  new  roof  is  covered  with  incom- 
bustible material,  and  that,  when  so  raised,  the  building  shall  not 
exceed  forty  feet  in  height  to  the  highest  part  thereof. 

c.  Nothing  in  this  section  shall  prohibit  one-story  and  basement 
residence  buildings  from  being  increased  one  additional  story  in 
height. 

3.  Extensions,    a.  Any  such  building  may  be  extended  either  on 
the  front  or  rear  to  a  depth  of  not  more  than  fifteen  feet  and  not 
more  than  the  width  of  the  building  and  not  more  than  two  stories 
and  basement  in  height. 

b.  If  any  such  building  has  an  extension  of  less  width  than  the 
maui  building  the  same  may  be  increased  hi  width  to  the  full  width 
and  height  of  the  main  building. 

4.  Bay  windows.    Any  such  building  may  have  bay  windows  of 
wood  placed  on  any  story,  the  roofs  of  which  may  be  covered  with 
the  same  material  as  the  roof  of  the  main  building,  except  when  such 
a  bay  window  would  increase  the  width  of  the  building  to  more  than 
eighty^five  per  cent  of  the  width  of  the  lot. 

§  481.  Use  of  masonry  walls. — In  case  approved  masonry  or  rein- 
forced concrete  is  used  for  the  exterior  walls  of  any  building  which 
under  the  provisions  of  this  chapter  is  permitted  to  be  of  frame  con- 
struction, nothing  in  this  chapter  shall  prohibit  all  other  parts  of 
the  building  from  being  constructed  as  though  the  entire  building 
were  of  frame  construction.  (Ord.  effective  Nov.  23,  1916.) 


ARTICLE  23 

BUILDINGS   OF   A   PUBLIC   CHARACTER 

Sec.  490.  Public  safety. 

§  491.  Aisles  and  passageways. 
§  492.  Enforcement  of  article. 
§493.  Exemptions. 

Sec.  490.  Public  safety.— In  all  buildings  of  a  public  character, 
such  as  hotels,  churches,  theatres,  restaurants,  railroad  depots,  pub- 
lic halls,  and  other  buildings  used  or  intended  to  be  used  for  purposes 
of  public  assembly,  amusement  or  instruction,  and  including  depart- 
ment stores  and  other  business  and  manufacturing  buildings  where 
large  numbers  of  people  are  congregated,  the  halls,  doors,  stairways, 
seats,  passageway  and  aisles,  and  all  lighting  and  heating  appliances 
and  apparatus  shall  be  arranged  as  the  fire  commissioners  shall  di- 
rect, to  facilitate  egress  in  cases  of  fire  or  accident,  and  to  afford  the 
requisite  and  proper  accommodation  for  the  public  protection  in  such 
cases.  (See  Article  25,  infra.) 

§  491.  Aisles  and  passageways. — -All  aisles  and  passageways  in  said 
buildings  shall  be  kept  free  from  camp  stools,  chairs,  sofas  and  other 


BUILDING   CODE  137 

obstructions,  and  no  person  shall  be  allowed  to  stand  in  01  occupy 
any  of  said  aisles  or  passageways  during  any  performance,  service, 
exhibition,  lecture,  concert,  ball  or  any  public  assemblage. 

(B.  C.,  sec.  108,  rev.  from  L.  1882,  ch.  410,  §  499,  as  amend.  Ord.  Dec.  19,  1911.) 
This  section  must  be  literally  construed.  It  is  not  necessary,  in  order  to  recover 
the  penalty  from  the  manager,  to  prove  that  he  personally  knew  of  the  violation, 
as  he  is  held  responsible  for  the  acts  of  his  servants.  If  any  one  stood  or  obstructed 
an  aisle  or  passageway,  the  manager  is  guilty.  Fire  Dept.  v.  Stetson,  14  Daly, 
125;  Fire  Dept.  v.  Hill,  14  N.  Y.  Supp.  158.  But  where  there  are  people  standing 
in  vacant  space  which  is  not  used  for  either  an  aisle  or  a  passageway,  the  statute  is 
not  violated.  Sturgis  v.  Grau,  39  Misc.  Rep.  330.  "Aisle,"  in  the  statute,  means 
aisle  of  a  theatre  as  built  and  actually  used.  Sturgis  v.  Coleman,  38  Misc.  302. 

See  also  chapter  3,  Amusements  and  Exhibitions,  chapter  12,  article  2,  Fire  Pre- 
vention. 

§  492.  Enforcement  of  article. — The  superintendent  of  buildings 
may  at  any  time  serve  a  written  or  printed  notice  upon  the  owner, 
lessee  or  manager  of  any  of  said  buildings,  directing  any  act  or  thing 
to  be  done  or  provided  in  or  about  the  said  buildings  and  the  several 
appliances  therewith  connected,  such  as  halls,  doors,  stairs,  windows, 
seats,  aisles,  fire  walls,  fire  apparatus  and  fire  escapes,  as  he  may 
deem  necessary. 

§  493.  Exemptions. — Nothing  herein  contained  shall  be  construed 
to  authorize  or  require  any  other  alterations  to  theatres  existing 
prior  to  June  9, 1885,  than  are  specified  in  this  article. 


ARTICLE  24 

MOTION-PICTURE  THEATRES 

Sec.  500.  Plans. 

501.  Restrictions. 

502.  Construction. 

503.  Means  of  egress. 

504.  Booth  for  projecting-machine  and  film. 

505.  Application  to  existing  theatres. 

506.  Open-air  motion-picture  theatres. 

Sec.  500.  Plans. — Before  the  erection,  construction,  or  alteration 
of  a  building  or  part  thereof,  to  be  used  as  a  motion-picture  theatre, 
as  defined  in  §  30  of  chapter  3  of  this  ordinance,  there  must  be  filed 
with  the  appropriate  superintendent  of  buildings  complete  plans  and 
the  detailed  statement  of  the  specifications  therefor,  required  by 
§  3  of  this  chapter.  The  plans  must  show  clearly  and  fully  the  loca- 
tion and  width  of  all  aisles,  passageways,  exits,  stairways  and  fire 
escapes;  the  arrangement  of  seats;  the  size  of  floor  beams,  walls  and 
supports;  the  location  and  construction  of  the  enclosure  for  the 
motion-picture  machinery  and  other  apparatus;  a  diagram  of  the 
lot  or  plot  upon  which  the  theatre  is  to  be  erected  or  constructed, 
showing  the  outlets  from  all  exits,  and  also  such  other  statements, 
plans  and  details  as  may  be  required  by  the  superintendent  of  build- 
ings having  jurisdiction. 

See  Chapter  3,  Article  2,  Motion-Picture  Exhibitions;  Art.  23,  ante,  Building* 
of  a  Public  Character;  Chapter  12,  Art.  2,  Fire  Prevention. 


138  CODE   OF   ORDINANCES   OF   THE   CITY   OF   NEW   YORK 

§  501.  Restrictions. — No  motion-picture  theatre,  as  defined  afore- 
said, shall  be  constructed  in  a  frame  building  within  the  fire  limits, 
nor  in  a  hotel,  tenement  house  or  lodging  house,  nor  in  a  factory  or 
workshop,  except  where  the  theatre  is  separated  from  the  rest  of  the 
building  by  unpierced  fire  walls  and  floors,  and  in  no  case  shall  such 
a  theatre  be  constructed  or  operated  above  or  below  the  ground  flooi 
of  any  building. 

§  502.  Construction. — In  all  motion-picture  theatres,  as  defined 
aforesaid,  to  be  hereafter  constructed,  the  following  requirements 
shall  be  complied  with,  namely: 

1.  Ceilings.     The  ceilings  of  all  the  theatres  and  of  all  rooms  used 
in  connection  therewith  shall  be  plastered  with  3  coats  of  first  class 
plaster  on  wire  mesh  or  metal  lath,  or  covered  with  3^-mch  plaster 
boards,  and  plastered  or  covered  with  metal.     If  there  be  a  basement 
or  cellar,  the  ceiling  under  the  floor  of  the  theatre  must  be  plastered 
with  3  coats  of  first  class  plaster  on  wire  mesh  or  expanded  metal  lath, 
or  may  be  covered  with  metal  on  3^-inch  plaster  boards. 

2.  Floor-loads.     The  flooring  of  that  portion  of  the  building  de- 
voted to  the  uses  or  accommodation  of  the  public  must  be  of  suffi- 
cient strength  to  bear  safely  a  live  load  of  90  pounds  per  square 
foot. 

3.  Galleries  and  stairways.     A  gallery  may  be  permitted,  except 
in  a  theatre  constructed  on  a  lot  less  than  20  feet  in  width,  but  it  shall 
not  include  more  than  25  per  cent,  of  the  total  seating  capacity  of  the 
theatre.     Entrance  to  and  exit  from  the  gallery  shall  in  no  case  lead 
to  the  main  floor  of  the  theatre,  and  the  gallery  shall  be  provided 
with  a  stairway  or  stairways  equipped  with  handrails  on  both  sides. 
Stairways  over  7  feet  wide  shall  be  provided  with  centre  handrails. 
The  risers  of  the  stairways  shall  not  exceed  7%  inches,  and  the 
treads,  excluding  nosings,  shall  not  be  less  than  9>£  inches.     There 
shall  be  no  circular  or  winding  stairways.    The  total  width  of  the 
stairways  shall  not  be  less  than  8  feet  in  the  clear  where  the  gallery 
accommodates  150  people;  for  every  50  people  less  than  150,  accom- 
modated by  the  gallery,  said  width  may  be  reduced  1  foot.     Stair- 
ways shall  be  constructed  of  fireproof  material,  and  such  material 
and  the  bearing  capacity  of  such  stairways  shall  be  approved  by  the 
bureau  of  buildings. 

4.  Gradients.     To  overcome  any  difference  of  level  between  corri- 
dors, lobbies  and  aisles  in  a  theatre,  gradients  of  not  over  1  foot  in 
10  feet,  or  steps  having  a  rise  not  over  8  inches  and  a  width  of  not 
less  than  10  inches  shall  be  used. 

5.  Walls.     If  the  walls  of  the  theatre  contain  wooden  studs  they 
shall  be  covered  either  with  expanded  metal  lath  or  wire  mesh  and 
plastered  with  3  coats  of  first  class  plaster,  or  with  metal  on  ^  inch 
plaster  boards,  and  all  joints  shall  be  properly  filled  with  mortar. 

§  503.  Means  of  egress.  1.  Aisles. — All  aisles  in  a  motion-picture 
theatre  or  in  a  gallery  thereof  must  be  at  least  3  feet  in  the  clear. 

2.  Chair  space.  All  chairs  in  such  a  theatre,  except  those  con- 
tained in  the  boxes,  must  not  be  less  than  32  inches  from  back  to 
back  and  must  be  firmly  secured  to  the  floor;  no  seat  shall  have 
more  than  7  seats  intervening  between  it  and  an  aisle,  and  the  space 
occupied  by  each  person  shall  be  separated  from  the  adjoining  space 
by  means  of  an  arm  or  other  suitable  device. 


'    BUILDING   CODE  139 

3.  Exits.     A  building  to  be  erected  or  to  be  altered  for  use  as  a 
motion-picture  theatre  must  be  provided,  on  the  main  floor  thereof, 
with  at  least  2  separate  exits,  one  of  which  shall  be  in  front  and  the 
other  in  the  rear  of  the  structure  and  both  leading  to  unobstructed 
outlets  to  the  street.     Where  the  main  floor  of  the  theatre  accom- 
modates more  than  300  people,  there  shall  be  at  least  3  such  exits, 
the  aggregate  width  in  feet  of  which  shall  not  be  less  than  one- 
twentieth  of  the  number  of  persons  to  be  accommodated  therein, 
No  exit  shall  be  less  than  5  feet  in  width,  and"  there  shall  be  a  main 
exit,  not  less  than  10  feet  in  total  width.     All  exit  doors  must  be 
fireproof  and  made  to  open  outwardly,  and  be  so  arranged  as  not  to 
obstruct  the  required  width  of  exit  or  court  when  opened.     All  doors 
leading  to  fire  escapes  must  be  not  less  than  40  inches  wide  in  the 
clear,  and  shall  be  located  at  the  opposite  side  or  end  of  the  gallery 
from  other  exit  doors. 

4.  Exit-passageway  to  street.     In  any  such  building,  if  an  unob- 
structed exit  to  a  street  cannot  be  provided  at  the  rear  thereof  as 
herein  specified,  either  an  open  court  or  a  fireproof  passageway  or 
corridor  must  be  provided,  extending  from  the  rear  exit  to  the  street 
front  at  least  4  feet  in  the  clear  for  theatres  accommodating  100 
persons  or  less;  the  width  to  be  increased  8  inches  for  every  additional 
100  persons  to  be  accommodated.     Such  passageway  or  corridor 
must  be  constructed  of  fireproof  material  and  be  at  least  10  feet 
high  in  the  clear.     The  walls  forming  such  passageway  or  corridor 
must  be  at  least  8  inches  thick,  and  shall  be  constructed  of  brick  or 
other  approved  fireproof  material.     If  there  be  a  basement,  the  wall 
on  the  auditorium  side  should  either  run  1  foot  below  the  cellar 
bottom,  or  may  be  carried  in  the  cellar  on  iron  columns  and  girders 
below  the  cellar  bottom,  or  on  iron  columns  or  girders  properly 
fireproofed,  according  to  §  350  of  this  chapter.     The  ceiling  of  such 
passageway  must  be  constructed  as  required  by  §  352  of  this  chapter. 
If  unobstructed  rear  exits  or  exits  to  a  street  are  provided,  they  must 
be  of  the  same  total  width  required  for  the  court,  passageway  or 
corridor  above  mentioned.     The  level  of  the  open  court  or  passage- 
way at  the  front  of  the  building  shall  not  be  greater  than  1  step  above 
the  level  of  the  sidewalk,  and  the  grade  shall  not  be  more  than  1 
foot  in  10,  with  no  perpendicular  risers. 

5.  Fire  escapes.     Galleries  must  also  be  provided  with  at  least 
one  line  of  fire  escapes  leading  to  an  open  court,  fireproof  passage 
or  street  without  re-entering  the  same  or  any  other  building.     If  the 
fire  escape  leads  to  a  point  in  the  court  nearer  the  street  than  any 
exit,  there  must  be  a  width  of  not  less  than  4  feet  in  the  clear  be- 
tween the  outer  edge  of  the  fire  escape  and  the  outer  wall  of  the  court. 
All  fire  escapes  must  have  balconies,  not  less  than  3  feet  4  inches  in 
width  in  the  clear,  and  not  less  than  4  feet  6  inches  long  and  from 
said  balconies  there  shall  be  staircases  extending  to  the  ground  level, 
with  a  rise  of  not  over  7%  inches  and  a  step  of  not  less  than  9^ 
inches,  and  the  width  of  the  stairs  must  not  be  less  than  3  feet  4 
inches.     [Original  misprint  rearranged  by  editor  to  conform  to  C.  O. 
§  352  D,  subd.  4,  5,  from  which  this  section  is  taken.] 

§  504.  Booth  for  projecting-machine  and  film. — Apparatus  for 
projecting  motion-pictures  shall  be  contained  in  a  fireproof  booth 
or  enclosure  constructed  as  required  by  law.  The  booth  in  which 


140  CODE   OF   ORDINANCES   OF   THE   CITY   OF   NEW   YORK 

the  picture  machine  is  operated  shall  be  provided  with  an  opening 
in  its  roof,  or  in  the  upper  part  of  its  side  walls,  leading  to  the  out- 
door air,  and  with  a  vent  flue,  which  shall  have  a  minimum  cross 
sectional  area  of  50  square  inches  and  shall  be  fireproof.  When 
the  booth  is  in  use,  there  shall  be  a  constant  current  of  air  passing 
outward  through  said  opening  or  vent  flue,  at  the  rate  of  not  less  than 
30  cubic  feet  per  minute.  The  requirements  of  this  section  shall 
apply  to  portable  booths  and  booths  in  open-air  theatres,  as  well  as 
to  motion-picture  theatres. 

§  505.  Application  to  existing  theatres. — All  the  provisions  of  this 
article  shall  apply  to  existing  places  of  entertainment  where  motion 
pictures  are  exhibited  under  common  show  licensee,  in  case  the 
seating  capacity  be  increased;  and,  in  case  the  seating  capacity  be 
not  increased,  all  the  provisions  of  this  article  shall  apply,  except 
the  provisions  of  §§  500,  501;  subdivisions  1,  3  and  5  of  §  502  and 
subdivisions  3,  4  and  5  of  §  503,  but  the  commissioner  of  licenses 
shall  have  power  in  his  discretion  to  enforce  the  provisions  of  sub- 
divisions 3  and  4  of  §  503,  relating  to  exits  and  courts. 

An  existing  place  of  entertainment  seating  300  persons  or  less, 
where  motion  pictures  are  exhibited  in  conjunction  with  any  other 
form  of  entertainment,  must  comply,  before  a  reissuance  of  its 
license,  with  the  provisions  of  article  25  of  this  chapter,  relating  to 
theatres  seating  more  than  300  persons.  But,  if  such  existing  place 
of  entertainment  shall  discontinue  all  other  form  of  entertainment 
except  the  exhibition  of  motion  pictures,  it  may  be  licensed  in  ac- 
cordance with  the  provisions  of  first  paragraph  of  this  section.  (As 
amend.  June  22,  1915.) 

§  506.  Open-air  motion-picture  theatres. — The  seating  capacity  of 
each  open-air  motion-picture  theatre,  as  defined  in  §  30  of  chapter  3 
of  this  ordinance,  shall  be  such  as  shall  be  prescribed  by  the  commis- 
sioner of  licenses.  All  such  theatres  shall  conform  to  the  following 
requirements: 

1.  Aisles.     The  number  and  width  of  all  aisles  shall  be  as  pre- 
scribed by  the  superintendent  of  buildings,  but  no  aisle  shall  be  less 
than  4  feet  wide; 

2.  Exits.     At  least  2  separate  exits,   remote  from   each  other, 
shall  be  provided,  and  no  exit  shall  be  less  than  5  feet  in  width; 
for  every  25  persons  to  be  accommodated  in  excess  of  300,  the  total 
width  of  exits  shall  be  increased  1  foot.     All  exits  must  be  indicated 
by  signs  and  red  lights,  and  doors  must  open  outwardly; 

3.  Seats.     Seats  must  be  stationary,  with  backs  32  inches  apart, 
and  so  arranged  that  no  seat  shall  have  more  than  7  seats  intervening 
between  it  and  the  aisle.     Chairs  must  be  either  securely  fastened 
to  a  wood  or  concrete  floor,  or  all  chairs  in  a  row  must  be  fastened 
together,  and  at  least  4  rows  must  be  securely  fastened  to  1  frame: 
except  that,  where  refreshments  are  served,  tables  and  unattached 
chairs  or  benches  used  with  them  may  be  permitted ; 

4.  Floors.     The  floor  must  be  constructed  either  of  wood,  with 
sleepers,  or  concrete;  it  must  extend  at  least  5  feet  from  the  seats 
on  all  sides;  provided,  however,  that,  in  the  discretion  of  the  com- 
missioner of  licenses,  a  gravel  floor  may  be  substituted  for  wood  or 
concrete. 

In  addition  to  the  foregoing  requirements,  the  provisions  of  sub- 


BUILDING  CODE  141 

divisions  2  and  4  of  §  502,  and  §  504  of  this  article  shall  apply  to  all 
open-air  motion-picture  theatres. 

The  sections  in  this  article  were  taken  from  section  352  C.  O.  as 
amended. 

ARTICLE  25 

THEATRES  AND  OTHER  PLACES  OF  AMUSEMENT 

Sec.  520.  Application  of  article. 

"521.  Buildings  must  be  approved. 

522.  Auditorium  walls. 

523.  Dressing  rooms. 

524.  Fire  extinguishing  appliances. 

525.  Heating  plant. 

526.  Lights. 

527.  Means  of  egress. 

528.  Partitions  and  walls. 

529.  Proscenium  construction. 

530.  Protective  curtain. 

531.  Roof  of  auditorium. 

532.  Seats. 

533.  Stage. 

534.  Miscellaneous  requirements. 

535.  Storage  rooms;  workshops. 
§  536.  Use  and  oocupancy. 

§  537.  Jurisdiction  of  fire  commissioner. 

§  538.  Saving  clause. 
See  Arts.  23  and  24,  ante;  ch.  3,  Amusements  and  Exhibitions;  ch.  12,  Art.  2,  Fire 
Prevention.     Practically  this  entire  article  was  taken  from  §  109  of  the  Building 
Code  with  changes. 

Sec.  520.  Application  of  article. — Every  theatre  or  opera  house  or 
other  building  intended  to  be  used  for  theatrical  or  operatic  purposes, 
or  for  public  entertainment  of  any  kind,  hereafter  erected  for  the  ac- 
commodation of  more  than  300  persons,  shall  be  built  to  comply  with 
the  requirements  of  this  article.  No  building  which,  at  the  time  of  the 
passage  of  this  ordinance  is  not  in  actual  use  for  theatrical  or  operatic 
purposes,  and  no  building  hereafter  erected  not  in  conformity  with  the 
requirements  of  this  section,  shall  be  used  for  theatrical  or  operatic 
purposes,  or  for  public  entertainments  of  any  kind,  until  the  same  shall 
have  been  made  to  conform  to  the  requirements  of  this  article. 

§521.  Buildings  must  be  approved.  No  building  described  in  the 
preceding  section  of  this  article  shall  be  opened  to  the  public  for  theatri- 
cal or  operatic  purposes,  or  for  public  entertainments  of  any  kind,  until 
the  fire  commissioner  and  the  superintendent  of  buildings  shall  have 
approved  the  same  in  writing  as  conforming  to  the  requirements  of  this 
article.  Any  such  building  in  which  departure  from  the  provisions  of 
this  article  has  been  made  under  an  approval  of  the  superintendent  of 
buildings  or  the  board  of  examiners,  and  which  has,  previous  to  May  1st, 
1916,  been  approved  for  use  by  the  fire  commissioner  and  the  superin- 
tendent of  buildings,  may  be  approved  as  conforming  to  the  require- 
ments of  this  article,  so  long  as  it  is  deemed  reasonably  safe  by  the  fire 
commissioner  and  the  superintendent  of  buildings,  provided,  however, 
that  a  building  as  to  which  the  Courts  have  held  that  a  permit  for  its 
alteration  or  reconstruction  is  void,  shall  not  be  approved. 
Adopted  January  1,  1917.  Approved  January  6,  1917. 

§  522.  Auditorium  walls. — Interior  walls  built  of  fireproofing  materials 
shall  separate  the  auditorium  from  the  entrance  vestibule,  and  from 
any  room  or  rooms  over  the  same,  also  from  lobbies,  corridors,  refresh- 
ment or  other 


142  CODE    OF    ORDINANCES   OF   THE    CITY    OF   NEW    YORK 

§  523.  Dressing  rooms. — Dressing  rooms  may  be  placed  in  the  fly 
galleries,  provided  that  proper  exits  are  secured  therefrom  to  the 
fire  escapes  in  the  open  courts,  and  that  the  partitions  and  other 
matters  pertaining  to  dressing  rooms  shall  conform  to  the  require- 
ments herein  contained,  but  the  stairs  leading  to  the  same  shall  be 
fireproof.  All  dressing  rooms  shall  have  an  independent  exit  leading 
directly  into  a  court  or  street,  and  shall  be  ventilated  by  windows  in 
the  external  walls;  and  no  dressing  room  shall  be  below  the  street 
level.  All  windows  shall  be  arranged  to  open,  and  none  of  the  win- 
dows in  outside  walls  shall  have  fixed  sashes,  iron  grills  or  bars. 

§  524.  Fire-extinguishing  appliances. — In  every  building  described 
in.§  520  of  this  article  there  shall  be  provided: 

1.  Hose.    A  proper  and  sufficient  quantity  of  2%  inch  hose,  not 
less  than  100  feet  in  length,  fitted  with  the  regulation  couplings 
of  the  fire  department  and  with  nozzles  attached  thereto,  and  with 
hose  spanners  at  each  outlet,  shall  always  be  kept  attached  to  each 
hose  attachment  as  the  fire  commissioner  may  direct. 

2.  Sprinkler  system.    A  separate  and  distinct  system  of  automatic 
sprinklers,  with  fusible  plugs,  approved  by  the  superintendent  of 
buildings,  supplied  with  water  from  a  tank  located  on  the  roof 
over  the  stage  and  not  connected  in  any  manner  with  the  standpipes, 
shall  be  placed  at  each  side  of  the  proscenium  opening  and  on  the 
ceiling  or  roof  over  the  stage  at  such  intervals  as  will  protect  every 
square  foot  of  stage  surface  when  said  sprinklers  are  in  operation. 
Automatic  sprinklers  shall  also  be  placed,  wherever  practicable, 
in  the  dressing  rooms  under  the  stage  and  in  the  carpenter  shop, 
paint  rooms,  store  rooms  and  property  room. 

3.  Standpipes.    Standpipes  4  inches  in  diameter  shall  be  provided 
with  hose  attachments  on  every  floor  and  gallery  as  follows,  namely : 
One  on  each  side  of  the  auditorium  in  each  tier,  also  on  each  side 
of  the  stage  in  each  tier,  and  at  least  one  in  the  property  room  and 
one  in  the  carpenter's  shop,  if  the  same  be  contiguous  to  the  building. 
All  such  standpipes  shall  be  kept  clear  from  obstruction.    Said  stand- 
pipes  shall  be  separate  and  distinct,  receiving  their  supply  of  water 
direct  from  the  power  pump  or  pumps,  and  shall  be  fitted  with  the 
regulation  couplings  of  the  fire  department,  and  shall  be  kept  con- 
stantly filled  with  water  by  means  of  an  automatic  power  pump 
or  pumps,  of  sufficient  capacity  to  supply  all  the  lines  of  hose  when 
operated  simultaneously,  and  said  pump  or  pumps  shall  be  supplied 
from  the  street  main  and  be  ready  for  immediate  use  at  all  times 
during  any  performance  in  said  building.    In  addition  to  the  require- 
ments contained  in  this  section,  the  standpipes  shall  also  conform 
to  the  requirements  contained  in  §  581  of  this  chapter. 

4.  Miscellaneous.    There  shall  also  be  kept  in  readiness  for  imme- 
diate use  on  the  stage,  at  least  4  casks  full  of  water,  and  2  buckets  to 
each  cask.    Said  casks  and  buckets  shall  be  painted  red.    There  shall 
also  be  provided  hand  pumps  or  other  portable  fire  extinguishing- 
apparatus  and  at  least  4  axes  and  2  25-foot  hooks,  2  15-foot  hooks, 
and  2  10-foot  hooks  on  each  tier  or  floor  of  the  stage. 

§  525.  Heating  plant. — Every  steam  boiler  which  may  be  required, 
for  heating  or  other  purposes  shall  be  located  outside  of  the  building. 
The  space  allotted  to  the  same  shall  be  inclosed  by  walls  of  masonry 
pn  all  sides,  and  the  ceiling  of  such  space  shall  be  constructed  of 


BUILDING   CODE  143 

fireproof  materials.  All  doorways  in  the  walls  of  boiler-rooms  shall 
have  fireproof  doors.  No  floor  register  for  heating  shall  be  permitted. 
No  coil  or  radiator  shall  be  placed  in  any  aisle  or  passageway  used 
as  an  exit,  but  all  said  coils  and  radiators  shall  be  placed  in  recesses 
formed  in  the  wall  or  partition  to  receive  the  same.  All  supply, 
return  or  exhaust  pipes  shall  be  properly  incased  and  protected  where 
passing  through  floors  or  near  woodwork. 

§526.  Lights.  1.  Adequacy. — Every  portion  of  the  building  de- 
voted to  the  uses  or  accommodation  of  the  public,  also  all  outlets 
leading  to  the  streets  and  including  the  open  courts  or  corridors,  shall 
be  well  and  properly  lighted  during  every  performance,  and  the  same 
shall  remain  lighted  until  the  entire  audience  has  left  the  premises. 
When  interior  gas  lights  are  not  lighted  by  electricity  other  suitable 
appliances,  to  be  approved  by  the  superintendent  of  buildings  shall 
be  provided. 

2.  Corridors  and  passageways.     All  gas  or  electric  lights  in  the 
halls,  corridors,  lobby  or  any  other  part  of  said  buildings  used  by  the 
audience,  except  the  auditorium,  must  be  controlled  by  a  separate 
shut-off,  located  in  the  lobby  and  controlled  only  in  that  particular 
place. 

3.  Fireproofing.    No  gas  or  electric  light  shall  be  inserted  in  the 
walls,  woodwork,  ceilings,  or  in  any  part  of  the  building,  unless  pro- 
tected by  fireproof  materials. 

4.  Gas  connections.    Gas  mains  supplying  the  building  shall  have 
hidependent  connections  for  the  auditorium  and  the  stage,  and  pro- 
vision shall  be  made  for  shutting  off  the  gas  from  the  outside  of  the 
building. 

5.  Nettings.    All  suspended  or  bracket  lights  surrounded  by  glass 
tn  the  auditorium,  or  in  any  part  of  the  building  devoted  to  the 
public,  shall  be  provided  with  proper  wire  netting  underneath.    All 
lights  in  passages  and  corridors  in  said  buildings,  wherever  deemed 
necessary  by  the  superintendent  of  buildings,  shall  be  protected 
with  proper  wire  network. 

6.  Stage  lights.     All  stage  lights  shall  have  strong  metal  wire 
guards  or  screens,  not  less  than  10  inches  in  diameter,  so  constructed 
that  any  material  in  contact  therewith  shall  be  out  of  reach  of  the 
flames  of  said  stage  lights,  and  must  be  soldered  to  the  fixture  in  all 
cases.    The  footlights,  in  addition  to  the  wire  network,  shall  be  pro- 
tected with  a  strong  wire  guard  and  chain,  placed  not  less  than  2 
feet  distant  from  said  footlights,  and  the  trough  containing  them  shall 
be  formed  of  and  surrounded  by  fireproof  materials.     All  border 
lights  shall  be  constructed  according  to  the  best  known  methods, 
subject  to  the  approval  of  the  superintendent  of  buildings,  and  shall 
be  suspended  for  10  feet  by  wire  rope. 

7.  Ventilators.    All  ducts  or  shafts  used  for  conducting  heated  air 
from  the  main  chandelier,  or  from  any  other  light  or  lights,  shall  be 
constructed  of  metal  and  made  double,  with  an  air  space  between. 

§  527.  Means  of  egress.  1.  Exits  to  streets. — Every  theatre  ac- 
commodating 300  persons  shall  have  at  least  two  exits;  when  ac- 
commodating 500  persons,  at  least  three  such  exits  shall  be  provided ; 
these  exits  not  referring  to  or  including  the  exits  to  the  open  court 
at  the  side  of  the  theatre.  Every  such  building  shall  have  one  or 
more  fronts  on  the  streets,  and  in  such  fronts  there  shall  be  suitable 


444  CODE    OF    ORDINANCES    OP   THE    CITY    OF   NEW    YORK 

means  of  entrance  and  exit  for  the  audience,  aggregating  not  less 
than  25  feet  in  width.  The  entrance  of  the  main  front  of  the  building 
shall  be  not  on  a  higher  level  from  the  sidewalk  than  four  steps, 
unless  approved  by  the  superintendent  of  buildings.  Each  exit 
shall  be  at  least  five  feet  in  width  in  the  clear  and  provided  with 
doors  of  iron  or  wood;  if  of  wood,  the  doors  shall  be  constructed  as 
hereinbefore  prescribed  in  this  chapter.  All  of  said  doors  shall  open 
outwardly,  and  shall  be  fastened  with  movable  bolts,  the  bolts  to  be 
kept  drawn  during  performances. 

2.  Exits  to  courts.     In  addition  to  the  aforesaid  entrances  and 
exits  on  the  street,  there  shall  be  reserved  for  service  in  case  of  an 
emergency  an  open  court  or  space  on  each  side  of  the  auditorium  not 
bordering  on  a  street.    The  unobstructed,  clear  width  of  every  such 
open  court  or  space  shall  be  not  less  than  8  feet  where  the  total 
number  of  persons  to  be  accommodated  in  the  auditorium  is  not 
over  700,  increasing  proportionately  in  width  above  8  feet  in  the 
ratio  of  1  foot  for  every  500  persons  above  700  to  be  accommodated. 
Every  such  open  court  or  space  from  each  and  every  exit  required 
to  lead  thereto,  to  a  street  or  open  public  space  and  opening  thereon 
either  directly  or  through  a  corridor  or  passageway  of  fireproof 
construction  not  less  than  10  feet  high  in  the  clear,  having  an  unob- 
structed clear  width  equal  to  that  requested  for  the  open  court  or 
space  and  separated  completely  by  solid  walls,  floors  and  ceilings 
from  the  building  or  structure  through  which  it  passes,  provided 
that  no  such  corridor  or  passageway  shall  pass  under  any  portion 
of  the  auditorium  or  stage.    From  the  auditorium  opening  into  the 
said  open  courts  or  on  a  street,  there  shall  be  not  less  than  two  exits 
on  each  side  in  each  tier  from  including  the  parquet  and  each  gal- 
lery.   The  said  open  courts,  spaces,  corridors  and  passageways  shall 
not  be  used  for  storage  purposes,  or  for  any  purposes  whatsoever, 
except  for  exit  and  entrance  from  and  to  the  auditorium  and  stage, 
and  must  be  kept  free  and  clear  during  performances.    Any  open 
court  or  space  may  be  used  in  common  for  two  or  more  auditoriums, 
provided  the  unobstructed  clear  width  of  such  open  court  or  space 
is  equal  to  that  required  for  the  total  number  of  persons  to  be  accom- 
modated in  all  the  auditoriums  opening  on  the  same.     (Amend.  Ord. 
app.  Aug.  8,  1916.) 

3.  Doorways  of  exits.     Doorways  of  exit  or  entrance  for  the  use 
of  the  public  shall  be  not  less  than  5  feet  in  width,  and  for  every  addi- 
tional 100  persons  or  portions  thereof  to  be  accommodated,  in  excess 
of  500,  an  aggregate  of  20  inches  additional  exit  width  must  be 
allowed.    All  doors  of  exit  or  entrance  shall  open  outwardly  and  be 
hung  to  swing  in  such  a  manner  as  not  to  become  an  obstruction  in 
a  passage  or  corridor,  and  no  such  doors  shall  be  closed  and  locked 
during  any  representation,  or  when  the  building  is  open  to  the  public. 

4.  Foyers,  lobbies  and  corridors. — The  aggregate  capacity  of  the 
foyers,  lobbies,  corridors,  passages  and  rooms  for  the  use  of  the  au- 
dience, not  including  toilet  rooms  or  aisle  space  between  seats,  shall, 
on  each  floor  or  gallery  be  sufficient  to  contain  the  entire  number  to 
be  accommodated  on  said  floor  or  gallery  in  the  ratio  of  150  square 
feet  of  clear  floor  space  for  every  one  hundred  persons.    The  level  of 
said  corridors  at  the  front  entrance  to  the  building  shall  be  not  greater 
than  one  step  above  the  level  of  the  sidewalk  where  they  begin  at 


BUILDING   CODE  145 

the  street  entrance.  During  the  performance  the  doors  or  gates  in 
the  corridors  shall  be  kept  open  by  proper  fastenings;  at  other  times 
they  may  be  closed  and  fastened  by  movable  bolts.  (Amend.  Aug.  8, 
1916.) 

5.  Aisles.  'All  aisles  on  the  respective  floors  of  the  auditorium 
shall  be  n9t  less  than  three  feet  wide  where  they  begin,  and  shall  be 
increased  in  width  toward  the  exit  in  a  ratio  of  1  1-2  inches  to  5  run- 
ning feet.    Where  exits,  corridors,  passages  or  cross-over  aisles  are 
provided  at  both  ends  of  any  aisle,  the  said  aisle  shall  be  uniform 
in  width  and  not  less  than  the  average  width  obtained  by  increasing 
the  width  of  the  aisle  from  the  starting  point  to  the  end  as  hereinbe- 
fore prescribed.     (Amend.  Ord.  app.  Aug.  8,  1916.) 

6.  Gradients.     Gradients  or  inclined  planes  shall  be  employed 
instead  of  steps  where  possible  to  overcome  slight  difference  of  level 
in  or  between  aisles,  corridors  and  passages.    To  overcome  any  dif- 
ference of  level  in  and  between  courts,  corridors,  lobbies,  passages 
and  aisles,  gradients  shall  be  employed  of  not  over  1  foot  in  12  feet, 
with  no  perpendicular  risers,  except  that  in  aisles  runs  of  not  more 
than  10  feet  in  length  may  be  one  in  eight.    (Amended  by  Ord.  app. 
Aug.  8,  1916.) 

7.  Gallery  exits.     Distinct  and  separate  places  of  exit  and  entrance 
shall  be  provided  for  each  gallery  above  the  first.    A  common  place 
of  exit  and  entrance  may  serve  for  the  main  floor  of  the  auditorium 
and  the  first  gallery,  provided  its  capacity  be  equal  to  the  aggregate 
capacity  of  the  outlets  from  the  main  floor  and  the  said  gallery.    No 
passage  leading  to  any  stairway  communicating  with  any  entrance  or 
exit  shall  be  less  than  4  feet  in  width  in  any  part  thereof.    From  the 
auditorium  opening  into  the  said  open  courts  or  on  the  side  street, 
there  shall  be  not  less  than  2  exits  on  each  side  in  each  tier  from  ana 
including  the  parquet  and  each  and  every  gallery. 

8.  Staircases  to  galleries.     Where  the  seating  capacity  is  for  more 
than  1,000  people,  there  shall  be  at  least  2  independent  staircases, 
with  direct  exterior  outlets,  provided  for  each  gallery  in  the  au- 
ditorium, where  there  are  not  more  than  2  galleries,  and  the  same 
shall  be  located  on  opposite  sides  of  said  galleries.     Where  there 
are  more  than  2  galleries,  1  or  more  additional  staircases  shall  be 
provided,  the  outlets  from  which  shall  communicate  directly  with 
the  principal  exit  or  other  exterior  outlets.     All  such  staircases 
shall  be  of  width  proportionate  to  the  seating  capacity  as  elsewhere 
herein  prescribed.    Where  the  seating  capacity  is  for  1,000  people, 
or  less,  2  direct  lines  of  staircases  only  shall  be  required,  located  on 
opposite  sides  of  the  galleries,  and  in  both  cases  shall  extend  from  the 
sidewalk  level  to  the  upper  gallery,  with  outlets  from  each  gallery 
to  each  of  said  staircases.    All  inside  stairways  leading  to  the  upper 
galleries  of  the  auditorium  shall  be  inclosed  on  both  sides  with  walls 
of  fireproof  materials.     Stairs  leading  to  the  first  or  lower  gallery 
may  be  left  open  on  one  side,  in  which  case  they  shall  be  constructed 
as  herein  provided  for  similar  stairs  leading  from  the  entrance  hall 
to  the  main  floor  of  the  auditorium.    But  in  no  case  shall  stairs  lead- 
ing to  any  gallery  be  left  open  on  both  sides.    No  door  shall  open 
immediately  upon  a  flight  of  stairs,  but  a  landing  at  least  the  width 
of  the  door  shall  be  provided  between  such  stairs  and  such  door. 

9.  Stage  staircases.     At  least  2  independent  staircases,  with  direct 


146  CODE    OF   ORDINANCES   OF  THE   CITY   OF  NEW   YOKE 

exterior  outlets,  shall  also  be  provided  for  the  service  of  the 
and  shall  be  located  on  the  opposite  sides  of  the  same. 

10.  Stairways.     All  staircases  for  the  use  of  the  audience  shall,  be 
inclosed  with  walls  of  brick,  or  of  fireproof  materials  approved  by 
the  superintendent  of  buildings,  in  the  stories  through  which  they 
pass,  and  the  openings  to  said  staircases  from  each  tier  shall  be  <* 
the  full  width  of  said  staircase.    All  stairs  within  the  building  shal? 
be  constructed  of  fireproof  material  throughout.    Stairs  from  bal- 
conies and  galleries  shall  not  communicate  with  the  basement  or 
cellar.    All  stairs  shall  have  treads  of  uniform  width  and  libers  of 
uniform  height  throughout  in  each  flight.     Stairways  servfftg  fw 
the  exit  of  50  people  shall  be  at  least  4  feet  wide  between  railings  off 
between  walls,  and  for  every  additional  50  people  to  be  accomfM)1- 
dated  6  inches  must  be  added  to  their  width.    The  width  of  all  staffs 
shall  be  measured  in  the  clear  between  hand  rails.    In  no  case  shaft 
the  risers  of  any  stairs  exceed  ll/z  inches  in  height,  nor  shall  the 
treads,  exclusive  of  nosings,  be  less  than  10>£  inches  wide  in  straight 
stairs.    No  circular  or  winding  stairs  for  the  use  of  the  public  shall 
be  permitted.    When  straight  stairs  return  directly  on  themselves, 
a  landing  of  the  full  width  of  both  flights,  without  any  steps,  shall  be 
provided.    The  outer  line  of  landings  shall  be  curved  to  a  radius  of 
not  less  than  2  feet  to  avoid  square  angles.    Stairs  turning  at  an 
angle  shall  have  a  proper  landing  without  winders  introduced  at 
said  turn.    In  stairs,  when  2  side  flights  connect  with  one  main  flight, 
no  winders  shall  be  introduced,  and  the  width  of  the  main  flight 
shall  be  at  least  equal  to  the  aggregate  width  of  the  side  flights. 
All  stairs  shall  have  proper  landings  introduced  at  convenient  dis- 
tances. 

11.  Stairway  hand  rails.    All  inclosed  staircases  shall  have1,  on 
both  sides,  strong  hand  rails  firmly  secured  to  the  wall  about  3  ifie&es 
distant  therefrom  and  about  3  feet  above  the  stairs,  but  said  hand 
rails  shall  not  run  on  level  platforms  and  landings  where  the  same* 
is  more  in  length  than  the  width  of  the  stairs.    All  staircases  8  feet- 
and  over  in  width  shall  be  provided  with  a  centre  hand  rail  of  metal, 
not  less  than  2  inches  in  diameter,  placed  at  a  height  of  about  3  feet 
above  the  centre  of  the  treads,  and  supported  on  wrought  metal 
or  brass  standards  of  sufficient  strength,  placed  not  nearer  than  four 
feet  nor  more  than  6  feet  apart,  and  securely  bolted  to  the  treads 
or  risers  of  stairs,  or  both,  and  at  the  head  of  each  flight  of  stairs, 
on  each  landing,  the  post  or  standard  shall  be  at  least  6  feet  in  height, 
to  which  the  rail  shall  be  secured. 

12.  Fire  escapes.     There  shall  be  balconies  not  less  than  6  feet 
in  width  in  the  said  open  court  or  courts  at  each  level  or  tier  above 
the  parquet,  on  each  side  of  the  auditorium,  of  sufficient  length 
to  embrace  the  2  exits,  and  from  said  balconies  there  shall  be  stair- 
cases extending  to  the  ground  level,  with  a  rise  of  not  over  8  3/6  inches 
£o  a  step  and  not  less  than  9  inches  tread,  exclusive  of  the  nosing. 
The  staircase  from  the  upper  balcony  to  the  next  below  shall  be  not 
Jess  than  48  inches  in  width  clear,  and  from  the  first  balcony  to  the, 
ground  4  feet  in  width  in  the  clear  where  the  seating  capacity  of  the 
auditorium  is  for  1,000  people  or  less,  4  feet  six  inches  in  the  clear 
whepe  above  1,000  and  not  more  than  1,800  people,  and  5  feet  in 
the  clear  where  above  1,800  people  ano!  not  more  than  2,500 


BUILDING  CODE  147 

and  not  over  5  feet  6  inches  in  the  clear  where  above  2,500  people, 
All  the  before  mentioned  balconies  and  staircases  shall  be  constructed 
of  iron  throughout,  including  the  floors,  and  of  ample  strength  to 
sustain  the  load  to  be  carried  by  them,  and  they  shall  be  covered 
with  a  metal  hood  or  awning,  to  be  constructed  in  such  manner  as 
shall  be  approved  by  the  superintendent  of  buildings.  Where  one 
side  of  the  building  borders  on  the  street,  there  shall  be  balconies 
and  staircases  of  like  capacity  and  kind,  as  before  mentioned,  carried 
to  the  ground. 

13.  Diagram  of  exits.  A  diagram  or  plan  of  each  tier,  gallery  or 
floor,  showing  distinctly  the  exits  therefrom,  each  occupying  a  space 
not  less  than  15  square  inches,  shall  be  printed  in  black  lines  in  a 
legible  manner  on  the  programme  of  the  performance.  Every  exit 
shall  have  over  the  same  on  the  inside  the  word  "Exit"  painted  in 
legible  letters  not  less  than  8  inches  high. 

§  528.  Partitions  and  walls. — The  partitions  in  that  portion  of 
the  building  which  contains  the  auditorium,  the  entrance  and  vesti- 
bule and  every  room  and  passage  devoted  to  the  use  of  the  audience 
shall  be  constructed  of  fireproof  materials  including  the  furring  of 
outside  or  other  walls.  The  walls  separating  the  actors'  dressing 
rooms  from  the  stage  and  the  partitions  dividing  the  dressing  rooms, 
together  with  the  partitions  of  every  passageway  from  the  same  to 
the  stage,  and  all  other  partitions  on  or  about  the  stage,  shall  be 
constructed  of  fireproof  material  approved  by  the  superintendent 
of  buildings.  All  doors  in  any  of  said  partitions  shall  be  fireproof. 

§  529.  Proscenium  construction. — A  fire  wall,  built  of  brick,  shall 
separate  the  auditorium  from  the  stage.  The  same  shall  extend  at 
least  4  feet  above  the  stage  roof,  or  the  auditorium  roof,  if  the  latter 
be  the  higher,  and  shall  be  coped.  Above  the  proscenium  opening 
there  shall  be  an  iron  girder  of  sufficient  strength  to  safely  support 
the  load  above,  and  the  same  shall  be  covered  with  fireproof  ma- 
terials to  protect  it  from  the  heat.  Should  there  be  constructed  an 
orchestra  over  the  stage,  above  the  proscenium  opening,  the  said 
orchestra  shall  be  placed  on  the  auditorium  side  of  the  proscenium 
fire  wall,  and  shall  be  entered  only  from  the  auditorium  side  of  said 
wall.  The  molded  frame  around  the  proscenium  opening  shall  be 
formed  entirely  of  fireproof  materials;  if  metal  be  used,  the  metal 
shall  be  filled  in  solid  with  non-combustible  material  and  securely 
anchored  to  the  wall  with  iron.  No  doorway  or  opening  through 
the  proscenium  wall,  from  the  auditorium,  shall  be  allowed  above 
the  level  of  the  first  floor,  and  such  first  floor  openings  shall  have 
fireproof  doors  on  each  face  of  the  wall,  and  the  doors  shall  be  hung 
so  as  to  be  opened  from  either  side  at  all  times. 

^  §  530.  Protective  curtain. — The  proscenium  opening  shall  be  pro- 
vided with  a  fireproof  metal  curtain,  or  a  curtain  of  absestos  or  other 
fireproof  material  approyed  by  the  superintendent  of  buildings, 
sliding  at  each  end  within  iron  grooves,  securely  fastened  to  the 
brick  wall  and  extending  into  such  grooves  to  a  depth  of  not  less 
than  6  inches  on  each  side  of  the  opening.  The  proscenium  curtains 
shall  be  placed  at  least  3  feet  distant  from  the  footlights,  at  the  near- 
est point.  Said  fireproof  curtain  shall  be  raised  at  the  commencement 
of  each  performance  and  lowered  at  the  close  thereof,  and  be  operated 
by  approved  machinery  for  that  purpose. 


148  CODE    OP   ORDINANCES   OF  THE    CITY   OF   NEW   YORK 

§  531.  Roof  of  auditorium. — The  roof  over  the  auditorium  and  the 
entire  main  floor  of  the  auditorium  and  vestibule,  also  the  entire 
floor  of  the  second  story  of  the  front  superstructure  over  the  en- 
trance, lobby  and  corridors,  and  all  galleries  and  support  for  the 
same  in  the  auditorium  shall  be  constructed  of  iron  and  steel  and 
fireproof  materials,  not  excluding  the  use  of  wood  floorboards  and 
necessary  sleepers  to  fasten  the  same  to,  but  such  sleepers  shall  not 
mean  timbers  of  support,  and  the  space  between  the  sleepers,  except- 
ing a  portion  under  the  stepping  in  the  galleries,  which  shall  be 
properly  fire  stopped,  shall  be  solidly  filled  with  incombustible  ma- 
terial up  to  under  side  of  the  floor  boards. 

§  532.  Seats. — All  seats  in  the  auditorium,  excepting  those  con- 
tained in  boxes,  shall  be  not  less  than  32  inches  from  back  to  back, 
measured  in  a  horizontal  direction,  and  firmly  secured  to  the  floor. 
There  shall  be  not  more  than  14  seats  in  any  row  extending  from  one 
aisle  to  another,  nor  more  than  7  seats  in  any  row  extending  from 
one  aisle  to  a  wall.  No  stool  or  seat  shall  be  placed  in  any  aisle.  All 
platforms  in  galleries  formed  to  receive  the  seats  shall  not  be  more 
than  21  inches  in  height  of  riser,  nor  less  than  32  inches  in  width  of 
platform.  (Amend,  ord.  app.  Aug.  8,  1916.) 

§  533.  Stage.  1.  Construction. — All  that  portion  of  the  stage  not 
comprised  in  the  working  of  scenery,  traps  and  other  mechanical 
apparatus  for  the  presentation  of  a  scene,  usually  equal  to  the  width 
of  the  proscenium  opening,  shall  be  built  of  iron  or  steel  beams  filled 
in  between  with  fireproof  material,  and  all  girders  for  the  support 
of  said  beams  shall  be  of  wrought  iron  or  rolled  steel.  The  fly  gal- 
leries, entire,  including  pin-rails,  shall  be  constructed  of  iron  or  steel, 
and  the  floors  of  said  galleries  shall  be  composed  of  iron  or  steel 
beams,  filled  with  fireproof  materials,  and  no  wood  boards  or  sleepers 
shall  be  used  as  covering  beams,  but  the  said  floors  shall  be  entirely 
fireproof.  The  rigging  loft  shall  be  fireproof. 

2.  Skylights.     There  shall  be  provided  over  the  stage,  metal  sky- 
lights of  an  area  or  combined  area  of  at  least  1/s  the  area  of  said 
stage,  fitted  up  with  sliding  sash  and  glazed  with  double  thick  sheet 
glass  not  exceeding  1-12  of  an  inch  thick,  and  each  pane  thereof 
measuring  not  less  than  300  square  inches  and  the  whole  of  which 
skylight  shall  be  so  constructed  as  to  open  instantly  on  the  cutting  or 
burning  of  a  hempen  cord,  which  shall  be  arranged  to  hold  said  sky- 
lights closed,  or  some  other  equally  simple  approved  device  for 
opening  them  may  be  provided.     Immediately  underneath  the  glass 
of  said  skylights  there  shall  be  wire  netting,  but  wire  glass  shall  not 
be  used  in  lieu  of  this  requirement. 

3.  Scenery  and  fittings.     All  stage  scenery,  curtains  and  decora- 
tions made  of  combustible  material,  and  all  woodwork  on  or  about 
the  stage,  shall  be  painted  or  saturated  with  some  non-combustible 
material  or  otherwise  rendered  safe  against  fire,  and  the  finishing 
coats  of  paint  applied  to  all  woodwork  through  the  entire  building 
shall  be  of  such  kind  as  will  resist  fire  to  the  satisfaction  of  the  super- 
intendent of  buildings  having  jurisdiction. 

§  534.  Miscellaneous  requirements.  1.  Ceilings. — The  ceiling  un- 
der each  gallery  shall  be  entirely  formed  of  fireproof  materials.  The 
ceiling  of  the  auditorium  shall  be  formed  of  fireproof  materials. 

2.  Ceiling  coverings.     None  of  the  walls  or  ceilings  shall  be  covered 


BUILDING   CODE  149 

with  wood  sheathing,  canvas  or  any  combustible  material.  But  this 
shall  not  exclude  the  use  of  wood  wainscoting  to  a  height  not  to 
exceed  6  feet,  which  shall  be  filled  in  solid  between  the  wainscoting 
and  the  wall  with  fireproof  materials. 

3.  Fronts  of  galleries.     The  fronts  of  each  gallery  shall  be  formed  of 
fireproof  materials,  except  the  capping,  which  may  be  made  of  wood. 

4.  Lathing.     All  lathing,  whenever  used,  shall  be  of  wire  or  other 
metal. 

5.  Shelving  and  cupboards.     All  shelving  and  cupboards  in  each 
and  every  dressing  room,  property  room  or  other  storage  rooms,  shall 
be  constructed  of  metal,  slate  or  some  fireproof  material. 

§  535.  Storage  rooms;  workshops. — No  workshop,  storage  or  general 
property  room  shall  be  allowed  above  the  auditorium  or  stage,  or 
under  the  same  or  in  any  of  the  fly  galleries.  All  of  said  rooms  or 
shops  may  be  located  in  the  rear  or  at  the  side  of  the  stage,  but  in 
such  cases  they  shall  be  separated  from  the  stage  by  a  brick  wall,  and 
the  openings  leading  into  said  portions  shall  heave  fireproof  doors  on 
each  side  of  the  openings,  hung  to  iron  eyes  built  into  the  wall. 

§  536.  Use  and  occupancy.  1.  Restrictions. — No  portion  of  any 
building  hereafter  erected  or  altered,  used  or  intended  to  be  used  for 
theatrical  or  other  purposes  as  in  this  section  specified,  shall  be  occu- 
pied or  used  as  a  hotel,  boarding  or  lodging  house,  factory,  work- 
shop or  manufactory,  or  for  storage  purposes,  except  as  may  be 
hereafter  specially  provided  for.  This  restriction  relates  not  only  to 
that  portion  of  the  building  which  contains  the  auditorium  and  the 
stage,  but  applies  also  to  the  entire  structure  in  conjunction  there- 
with. No  store  or  room  contained  in  the  building,  or  the  offices, 
stores  or  apartments  adjoining,  as  aforesaid,  shall  be  let  or  used  for 
carrying  on  any  business,  dealing  in  articles  designated  as  specially 
hazardous  in  the  classification  of  the  New  York  Board  of  Fire  Under- 
writers, or  for  manufacturing  purposes.  No  lodging  accommoda- 
tions shall  be  allowed  in  any  part  of  the  building  communicating 
with  the  auditorium.  When  located  on  a  corner  lot,  that  portion 
of  the  premises  bordering  on  the  side  street  and  not  required  for  the 
uses  of  the  theatre  may,  if  such  portion  be  not  more  than  25  feet  in 
width,  be  used  for  offices,  stores  or  apartments,  provided  the  walls 
separating  this  portion  from  the  theatre  proper  are  carried  up  solidly 
to  and  through  the  roof,  and  that  a  fireproof  exit  is  provided  for 
the  theatre  on  each  tier,  equal  to  the  combined  width  of  exits  opening 
on  opposite  sides  in  each  tier,  communicating  with  balconies  and 
staircases  leading  to  the  street  in  manner  provided  elsewhere  in  this 
section;  said  exit  passages  shall  be  entirely  cut  off  by  brick  walls  from 
said  offices,  stores  or  apartments,  and  the  floors  and  ceilings  in  each 
tier  shall  be  fireproof. 

2.  Above  theatre.  Nothing  herein  contained  shall  prevent  a  roof 
garden,  art  gallery  or  rooms  for  similar  purposes  being  placed  above  a 
theatre  or  public  building,  provided  the  floor  of  the  same,  forming  the 
roof  over  such  theatre  or  building,  shall  be  constructed  of  iron  or 
steel  and  fireproof  materials,  and  that  said  floor  shall  have  no  cover- 
ing boards  or  sleepers  of  wood,  but  shall  be  of  tile  or  cement.  Every 
roof  over  said  garden  or  rooms  shall  have  all  supports  and  rafters  of 
iron  or  steel,  and  be  covered  with  glass  or  fireproof  materials,  or 
both,  but  no  such  roof  garden,  art  gallery  or  room  for  any  public 


150  CODE   OF  ORDINANCES  OP  THE   CITY  OP  NEW  YORK 

purposes  shall  be  placed  over  or  above  that  portion  of  any  theatre  or 
other  building  which  is  used  as  a  stage. 

§  537.  Jurisdiction  of  fire  commissioner. — The  standpipes,  gas  pipes, 
electric  wires,  hose,  footlights  and  all  apparatus  for  the  extinguishing 
of  fire  or  guarding  against  the  same,  as  in  this  article  specified,  shall 
be  in  charge  and  under  control  of  the  fire  department,  and  the  fire 
commissioner  is  hereby  directed  to  see  that  the  provisions  of  this  arti- 
cle relating  thereto  are  carried  out  and  enforced. 

§  538.  Saving  clause. — The  provisions  of  the  foregoing  article  shall 
not  be  construed  to  mean  or  made  to  apply  to  any  theatre,  opera 
house  or  building  intended  to  be  used  for  theatrical  or  operatic  pur- 
poses, lawfully  erected  prior  to  June  3,  1904,  nor  to  any  public  dance 
hall  which  was  approved  by  the  Superintendent  of  Buildings  having 
jurisdiction  and  which  was  licensed  as  a  public  dance  hall  on  Sep- 
tember 30,  1916.  (As  amend,  by  Ord.  app.  Nov.  16,  1916.) 

As  to  former  §  109a  B.  C.,  see  Brill  v.  Miller,  140  App.  Div.  602. 


ARTICLE  26 

MISCELLANEOUS   STRUCTURES 

Sec.  550.  Exhibition  buildings.     (Repealed  Nov.  23,  1915.) 
§  551.  Grain  elevators.     (Repealed  Dec.  28,  1915.) 
§  552.  Smokehouses.     (Repealed  Nov.  23,  1915.) 

"*  /* 

ARTICLE  27 

ELEVATORS 

(Amended  by  ord.  effective  Dec.  28,  1915} 

Sec.  560.  Definitions. 

§561.  Rules. 

562.  Permits. 

563.  Certificate. 

564.  Record  of  passenger  elevators. 

565.  Inspection. 

566.  Riding  on  elevators  restricted. 
§567.  Operators. 

§568.  Accidents. 

§  560.  Definitions. — For  the  purposes  of  this  article,  the  term 

a — Elevator  shall  mean  any  device  within  or  in  connection  with  a 
building  or  structure  used  for  carrying  persons  or  things  upward  or 
downward; 

b — Passenger  elevator  shall  mean  and  include  any  elevator  designed 
and  used  for  carrying  persons  other  than  those  necessary  for  its  safe 
operation  or  for  the  handling  of  things  carried  by  it; 

c — Freight  elevator  shall  mean  and  include  any  elevator  designed 
and  used  for  the  carrying  of  things  and  of  such  persons  only  as  are 
necessary  for  its  safe  operation  or  the  handling  of  things  carried  by  it; 


BUILDING   CODE  151 

d — Amusement  device  shall  mean  and  include  all  mechanically 
operated  devices  which  are  used  to  convey  persons  in  any  direction 
as  a  form  of  amusement. 

§  561.  Rules. — The  superintendent  of  buildings  shall  make  rules 
consistent  with  the  provisions  of  this  article,  regulating,  with  a  view 
to  safety,  the  construction,  maintenance  and  operation  of  all  eleva- 
tors and  amusement  devices,  now  existing  or  hereafter  installed. 

§  562.  Permits. — No  passenger  or  freight  elevator  shall  hereafter 
be  installed  or  altered  in  any  building,  nor  shall  any  amusement 
device  be  hereafter  constructed  or  altered,  until  the  owner  or  lessee, 
or  the  agent,  architect  or  contractor  or  any  of  them,  shall  have  sub- 
mitted to  the  superintendent  of  buildings,  in  such  form  as  the  super- 
intendent may  prescribe,  an  application  accompanied  by  plans  and 
drawings  showing  the  proposed  construction  and  mode  of  operation, 
and  such  application  has  been  approved  by  the  superintendent  and  a 
permit  has  been  issued  by  him.  Repairs  to  elevators  and  amuse- 
ment devices  may  be  made  without  filing  such  application,  except 
when  such  repairs  include  a  change  in  the  type  of  elevator  or  of  its 
motive  power,  or  when  any  change  in  safety  devices  or  operating 
mechanism  is  made. 

§  563.  Certificate. — Whenever  a  passenger  or  freight  elevator  or 
an  amusement  device  is  hereafter  installed  or  constructed,  it  shall  be 
unlawful  for  the  owner  or  lessee  to  operate  or  permit  the  operation 
or  use  of  the  same  until  a  certificate  shall  have  been  obtained  from 
the  superintendent  of  buildings  that  such  elevator  or  amusement 
device  has  been  inspected  and  has  been  found  to  be  safe.  The  super- 
intendent of  buildings  shall,  within  a  reasonable  time  after  being 
requested  to  do  so,  inspect  or  cause  to  be  inspected,  any  elevator 
or  amusement  device  hereafter  installed  or  constructed,  and,  if  the 
same  is  found  to  be  safe  and  in  conformity  with  the  provisions  of  this 
article  and  the  rules  adopted  thereunder,  shall  issue  a  certificate  to 
that  effect.  Nothing  herein  contained  shall  prevent  the  temporary 
use  under  a  certificate  issued  by  the  superintendent  of  buildings  of 
any  elevator  during  construction,  provided  a  notice  is  conspicuously 
posted  on  or  in  connection  with  such  elevator  to  the  effect  that  such 
elevator  has  not  been  officially  approved. 

§  564.  Record  of  passenger  elevators. — -Every  passenger  elevator  shall 
be  given  a  serial  number  for  purposes  of  identification.  In  the  case 
of  elevators  hereafter  installed  such  serial  number  shall  be  assigned 
when  the  first  certificate  is  issued,  and  in  the  case  of  existing  eleva- 
tors, as  soon  as  inspection  can  be  made  for  that  purpose.  A  docket 
of  all  passenger  elevators  shall  be  kept  in  each  borough,  giving  under 
the  corresponding  serial  number  a  description  of  its  location  suffi- 
cient for  identification,  together  with  such  other  information  as  to 
type  of  construction,  motive  power,  rise,  rated  speed,  inspection, 
etc.,  as  the  superintendent  of  buildings  may  deem  desirable.  The 
owner  or  lessee,  or  agent  of  either,  shall  cause  such  number,  together 
with  the  most  recent  certificate  of  inspection,  to  be  attached  or 
posted  in  the  elevator  car  in  the  manner  prescribed  by  the  rules. 

§  565.  Inspection. — -The  superintendent  of  buildings  shall  cause 
an  inspection  of  all  passenger  elevators  to  be  made  at  least  once  in 
every  3  months  and  of  freight  elevators  and  amusement  devices  at 
least  twice  in  each  year.  Upon  notice  from  the  superintendent  c/ 


152  CODE    OF   ORDINANCES   OF   THE    CITY   OF   NEW   YORK 

buildings,  or  his  duly  authorized  representative,  any  repairs  found 
necessary  to  such  elevators  or  amusement  devices  shall  be  made 
without  delay  by  the  owner  or  lessee,  and  in  case  defects  are  found 
to  exist  which  in  the  continued  use  of  such  elevator  or  amusement 
device,  are  dangerous  to  life  or  limb,  then  the  use  of  such  elevator  or 
amusement  device  shall  cease,  and  it  shall  not  again  be  used  until  a 
certificate  shall  be  first  obtained  from  said  superintendent  of  build- 
ings that  such  elevator  or  amusement  device  has  been  made  safe. 
After  every  inspection,  which  shows  any  elevator  or  amusement 
device  to  be  safe  and  in  conformity  with  the  requirements  of  this 
article  and  the  rules  adopted  thereunder,  the  superintendent  of 
buildings  shall  issue  a  certificate  to  that  effect. 

§  566.  Riding  on  elevators  restricted. — It  shall  be  unlawful  for  any 
person,  other  than  the  operator  or  those  necessary  to  handle  freight, 
to  ride  on,  or  for  the  owner  or  lessee  of  any  elevator  knowingly  to 
perjnit  any  person  to  ride  on,  any  elevator  other  than  a  passenger 
elevator.  Every  freight  elevator  shall  have  a  notice  posted  con^ 
spicuously  thereon  as  follows:  THIS,  IS  NOT  A  PASSENGER 
ELEVATOR.  IT  IS  UNLAWFUL  FOR  ANY  PERSON,  OTHER 
THAN  THE  OPERATOR  OR  THOSE  NECESSARY  TO 
HANDLE  FREIGHT,  TO  RIDE  ON  THIS  ELEVATOR. 

§  567.  Operators. — Except  as  may  be  specifically  provided  in  any 
other  law  or  ordinance,  every  passenger  elevator,  except  full  auto- 
matic push  button  elevators  and  escalators,  must  be  in  charge  of  a 
competent  operator  of  reliable  and  industrious  habits,  not  less  than 
18  years  of  age,  with  sufficient  previous  experience  in  running  an 
elevator,  under  the  instruction  of  a  competent  person.  No  operators 
of  amusement  devices  known  as  electrically  operated  scenic  railroads, 
shall  be  employed  who  have  not  attained  the  age  of  21  years  and  who 
have  not  secured  a  certificate  of  competency  from  the  superintendent 
of  buildings.  In  case  the  superintendent  of  buildings  shall  find  that 
the  person  engaged  in  running  an  elevator  is  incompetent  or  not  quali- 
fied, the  owner  or  lessee  of  such  elevator  shall,  upon  notice  from  the 
superintendent  of  buildings,  at  once  discontinue  the  operation  of 
such  elevator  by  such  operator.  No  person  shall  employ  or  permit 
any  person  to  operate  any  passenger  elevator  who  does  not  possess 
the  qualifications  prescribed  therefor  by  this  or  any  other  law  or 
ordinance. 

§  568.  Accidents. — The  owner  or  lessee,  or  person  in  charge,  of  any 
passenger  or  freight  elevator  or  amusement  device  shall  immedi- 
ately notify  the  superintendent  of  buildings  of  each  and  every  acci- 
dent to  a  person  or  damage  to  apparatus  on,  about  or  in  connection 
with  such  elevator  or  amusement  device,  and  shall  afford  the  super- 
.intendent  of  buildings  or  his  representative  every  facility  for  inves- 
tigating such  accident  or  damage.  The  superintendent  of  buildings 
shall  without  delay,  after  being  notified,  make  an  investigation,  and 
shall  place  on  file  in  the  bureau  of  buildings  a  full  and  complete 
report  of  such  investigation.  Such  report  shall  give  in  detail  all 
material  facts  and  information  available  and  the  cause  or  causes  so 
far  as  they  can  be  determined,  and  shall  be  open  to  public  inspection 
at  all  reasonable  hours.  When  an  accident  involves  the  failure  or 
destruction  of  any  part  of  the  construction  or  operating  mechanism 
of  a  passenger  elevator  or  amusement  device,  said  passenger  elevator 


BUILDING   CODE  153 

or  amusement  device  shall  not  be  used  until  it  has  been  made  safe, 
and  the  superintendent  of  buildings  may,  if  deemed  necessary, 
order  the  discontinuance  of  the  same  until  a  certificate  has  been 
issued  by  him  for  its  use,  but  no  part  of  the  damaged  construction 
or  operating  mechanism  shall  be  removed  from  the  premises  until 
permission  to  do  so  has  been  granted  by  the  superintendent  of 
buildings  or  his  representative. 

ARTICLE  28 

FIRE     EXTINGUISHING     APPLIANCES 

(As  amended  by  ord.  effective  Dec.  21,  1915) 

Sec.  580.  General  provisions. 
§  581.  Standpipes. 

Sec.  580.  General  provisions. — Except  as  otherwise  specifically  pro- 
vided in  this  article,  or  by  any  law  or  ordinance,  all  buildings  now 
existing  or  hereafter  erected,  shall  be  provided  with  such  tanks, 
standpipes,  automatic  sprinklers,  hose  nozzles,  wrenches,  fire  ex- 
tinguishers, hooks,  axes  and  such  other  appliances  as  may  be  required 
by  and  conforming  to  the  rules  of  the  fire  commissioner,  adopted  or 
amended  in  the  manner  prescribed  by  this  chapter  for  the  rules  of 
the  superintendent  of  buildings. 

(Building  Code,  sec.  103,  rev.  from  L.  1882,  ch.  410,  §  498,  as  amend.) 
This  provision  is  a  police  regulation  and  constitutional.  The  notice  mentioned 
must,  however,  be  given  by  the  proper  official  heads  and  not  subordinate  officers. 
Fire  Dept.  v.  Sturtevant,  33  Hun,  407.  And  such  power  is  continuous.  Fire  Dept. 
v.  Chapman,  10  Daly,  377.  But  it  is  the  duty  of  an  owner  to  erect  fire  escapes 
without  waiting  for  such  notice.  McLaughlin  v.  Armfield,  58  Hun,  376;  also  see 
Greenhaus  v.  Alter,  30  App.  Div.  585.  The  State  Labor  Law  does  not  repeal  the 
charter  provision  giving  jurisdiction  to  Building  Department.  City  of  N.  Y.  v. 
Trustees  Sailors'  Snug  Harbor,  85  App.  Div.  355.  The  act  applies  to  two  buildings 
used  as  one,  having  in  all  more  than  fifteen  bedrooms.  Dept.  Buildings  N.  Y.  v. 
Field,  12  App.  Div.  258.  An  owner  is  not  liable  under  the  common  law  for  failure 
to  supply  fire  escapes.  Pauley  v.  Steam  Gauge  Co.,  131  N.  Y.  90. 

§  581.  Standpipes.  1.  When  required. — Standpipes,  constructed 
and  installed  as  hereinafter  required,  shall  be  providea: 

a.  In  every  building  now  existing  and  exceeding  85  feet  in  height, 
which  is  not  already  provided  with  a  3-inch  or  larger  standpipe; 

b.  In  every  building  hereafter  erected  or  altered  to  exceed  85 
feet  in  height; 

c.  In  every  building  exceeding  10,000  square  feet  in  area. 

2.  Size.     Standpipes  hereafter  placed  in  any  building  shall  be  not 
less  than  4  inches  in  diameter  for  buildings  or  parts  thereof  not  ex- 
ceeding 150  feet  in  height,  not  less  than  6  inches  in  diameter  for 
buildings  or  parts  thereof  exceeding  150  feet  and  not  exceeding  250 
feet  in  height,  and  not  less  than  8  inches  in  diameter  for  buildings 
or  parts  thereof  exceeding  250  feet  in  height. 

3.  Number  and  location.     The  number  of  standpipes  in  any  build- 
ing shall  be  such  that  all  parts  of  each  story  are  within  the  reach  of  at 
least  one  stream  supplied  by  hose  not,  exceeding  100  feet  in  length. 
When  a  building  requiring  standpipes  fares  on  more  than  one  street, 
at  least  one  st  amlpipe  shall  be  installed  for  each  street  front,  providea 


154  CODE    OP   ORDINANCES   OP   THE   CITY   OF   NEW   YORK 

that  for  intersecting  street  fronts  one  standpipe  shall  be  sufficient 
for  each  intersection.  So  far  as  practicable  standpipes  shall  be  placed 
within  stair  enclosures;  otherwise  they  shall  be  as  near  the  stairs  as 
possible.  All  standpipes  shall  extend  from  the  lowest  story  to  and 
above  the  roof. 

4.  Construction.  All  standpipes  hereafter  installed  shall  be  con- 
structed as  prescribed  by  the  rules  of  the  fire  commissioner  and  shall 
be  provided  with  such  outlets  and  equipped  with  such  appliances  as 
required  by  said  rules.  All  standpipes  shall  extend  to  the  street  and 
shall  be  provided  at  or  near  the  sidewalk  with  approved  Siamese 
connections.  When  there  is  more  than  one  standpipe  in  any  build- 
ing all  shall  be  cross-connected  in  an  approved  manner  below  the 
sidewalk  level. 

ARTICLE  29 

PLUMBING   AND   OTHER   SYSTEMS   OF   PIPING 

Sec.  600.  Rules. 

§  601.  Shut-off  valves. 

§  602.  Tests  of  plumbing. 

§  603.  Tests  of  gas  piping. 

§  604.  Registration  of  plumbers. 

Sec.  600.  Rules. — The  plumbing  and  drainage  systems,  water  sup- 
ply pipes,  gas,  piping,  steam  or  hot  water  heating  or  power  systems, 
refrigerating  systems  and  other  systems  of  pipes  or  apparatus  for 
holding  or  conveying  gases,  vapors  or  fluids  hereafter  installed  and 
maintained  in  or  upon  any  building  in  the  city  shall  conform  to  such 
rules  as  may  be  provided  for  by  law  or  may  be  found  necessary  for 
the  protection  of  life,  health  or  property,  and  adopted  by  the  super- 
intendent of  buildings.  No  person  shall  use  or  permit  the  use  of  any 
such  system,  piping  or  apparatus  installed  or  maintained  in  viola- 
tion of  any  of  the  provisions  of  this  article  or  the  rules  adopted 
hereunder.  Said  rules,  hereafter  adopted,  and  any  changes  thereof, 
shall  be  published  in  the  City  Record  on  8  successive  Mondays 
before  they  shall  become  operative. 

Nothing  herein  contained  or  in  the  rules  adopted  hereunder  shall 
require  the  alteration  or  reconstruction  of  any  existing  work  that 
was  lawfully  installed,  nor  prevent  repairs  or  the  addition  of  new 
fixtures  to  existing  work  in  conformity  with  the  practice  followed 
in  the  original  installation;  provided,  however,  that,  when  such 
repairs  involve  the  removal  or  alteration  of  more  than  one-half 
of  the  existing  work  affected  by  the  repairs,  the  rules  in  force  at  the 
time  of  such  repairs  shall  apply.  (B.  C.  §  141  as  amend.  Nov.  14, 
1914.) 

§  601.  Shut-off  valves.  Every  building  hereafter  erected  and  also 
every  existing  building,  other  than  residence  buildings  occupied 
exclusively  by  one  or  two  families  and  having  not  more  than  15 
sleeping  rooms,  which  may  be  supplied  from  some  outside  source 
with  gas,  vapor  or  fluid,  except  potable  waters,  shall  have  a  con- 
veniently accessible  stopcock  or  other  suitable  device  fixed  to  the 
supply  pipes  leading  into  the  building  at  a  place  outside  of  the 


BUILDING  CODE  155 

building,  so  arranged  as  to  allow  the  supply  to  be  shut  off.    Such 
stopcock  or  other  device  shall  be  so  marked  as  to  indicate  either  the 
contents  and  purpose  of  the  supply  pipe  to  which  it  is  attached,  or 
the  company  to  which  the  device  belongs. 
Adopted  February  6,  1917.     Became  effective  February  20,  1917. 

§  602.  Tests  of  plumbing. — No  person  shall  use  or  permit  the  use 
of  any  new  system  of  plumbing  and  drainage  hereafter  installed  in 
any  building  before  the  same  has  been  tested  under  the  supervision 
of  the  bureau  of  buildings  and  in  accordance  with  its  rules,  to  insure 
the  tightness  of  the  system,  nor  until  a  proper  and  adequate  water 
supply  has  been  provided.  The  superintendent  of  buildings  shall, 
within  a  reasonable  time  after  being  requested  to  do  so,  cause  to  be  in- 
spected and  tested  any  system  of  plumbing  and  drainage  that  is 
ready  for  such  inspection  and  test,  and,  if  the  work  is  found  satis- 
factory and  the  test  requirements  are  complied  with  shall  issue  a 
certificate  to  that  effect.  Nothing  herein  contained  shall  prevent  the 
inspection  and  test  of  part  of  a  system  or  the  issuance  of  a  partial 
certificate,  nor  prevent  the  use  of  such  part  of  a  larger  system  pro- 
vided that  such  part  constitutes  by  itself  a  complete  system  properly 
tested  and  supplied  with  water.  (Amend.  Nov.  14,  1914.) 

§  603.  Tests  of  gas  piping. — No  person  shall  use  or  permit  the  use 
of  any  new  system  or  an  extension  of  an  old  system  of  gas  piping 
in  any  building  before  the  same  has  been  inspected  and  tested  under 
the  supervision  of  the  bureau  of  buildings  and  in  accordance  with 
its  rules,  to  insure  the  tightness  of  the  system.  The  superintendent 
of  buildings  shall,  within  a  reasonable  time  after  being  requested 
to  do  so,  cause  to  be  inspected  and  tested  any  system  of  gas  piping 
that  is  ready  for  such  inspection  and  test,  and  if  the  work  is  found 
satisfactory  and  the  test  requirements  are  complied  with,  he  shall 
issue  a  certificate  to  that  effect.  Nothing  herein  contained  shall 
prevent  the  use  of  existing  systems  of  gas  piping  without  further 
inspection  or  test,  unless  the  superintendent  of  buildings  has  reason 
to  believe  that  defects  exist  which  make  the  system  dangerous  to 
life  or  property. 

§  604.  Registration  of  plumbers. — a.  Once  in  each  year  every  em- 
ploying or  master  plumber  carrying  on  his  trade,  business  or  calling 
in  the  city  shall  register  his  name  and  address  at  the  office  of  the 
bureau  of  buildings  in  the  borough  of  the  said  city  in  which  he  per- 
forms work,  under  such  rules  as  the  said  bureau  may  prescribe. 
Such  registration  may  be  cancelled  by  the  superintendent  of  build- 
ings for  a  violation  of  the  rules  and  regulations  for  plumbing  or  drain- 
age of  such  city  duly  adopted,  or  in  force  pursuant  to  the  provisions 
of  this  article,  or  whenever  the  person  so  registered  ceases  to  hold  a 
certificate  from  the  examining  Board  of  plumbers  or  to  be  actually 
engaged  in  the  business  of  master  or  employing  plumber,  after  a 
hearing  had  before  said  superintendent,  upon  prior  notice  of  not  less 
than  ten  days. 

b.  No  person,  corporation  or  copartnership  shall  engage  in  or  carry 
on  the  trade,  business  or  calling  of  employing  or  master  plumber  in 
the  city  unless  the  name  and  address  of  such  person  ana  the  presi- 
dent, secretary  or  treasurer  of  the  corporation,  or  of  each  and  every 
member  of  the  copartnership  shall  have  been  registered  as  above 
provided. 

c.  It  shall  be  unlawful  for  any  person,  corporation  or  copartner- 


156  CODE    OF    ORDINANCES    OP   THE    CITY    OF    NEW   YORK 

ship  in  the  city  of  New  York,  unless  said  person,  corporation  or 
copartnership  shall  have  complied  with  the  requirements  of  this  sec- 
tion, to  hold  him  or  themselves  out  to  the  public  as  a  master  or  em- 
ploying plumber  by  the  use  of  the  word  " plumber"  or  "plumbing," 
or  words  of  similar  import  or  meaning,  on  signs,  cards,  stationery  or 
in  any  other  manner  whatsoever. 

d.  It  shall  be  unlawful  for  any  person,  corporation  or  copartner- 
ship in  the  city  of  New  York  to  engage  in  or  carry  on  the  trade, 
business  or  calling  of  employing  or  master  plumber,  unless  such 
person,  corporation  or  copartnership  has  conspicuously  posted  in 
the  window  of  the  place  where  such  business  is  conducted,  a  metal 
plate  or  sign  appropriately  lettered  or  marked  "licensed  plumber," 
in  accordance  with  rules  adopted  by  the  superintendent  of  buildings. 

e.  No  person,  corporation  or  copartnership  registered  as  provided 
in  this  section,  or  who  holds  a  certificate  from  the  examining  board 
of  plumbers,  shall,  for  the  benefit  of  any  person  engaged  in  the  plumb- 
ing business  who  is  not  so  registered,  apply  for,  receive  or  make  use 
of,  any  permit  granted  to  him  by  reason  of  being  so  registered,  or 
holding  such  certificate  from  the  examining  board  of  plumbers.     (Aa 
amend,  ord.  effective  July  7,  1916.) 

ARTICLE  30 

ALTERING,    CHANGING   OR   DEMOLISHING   BUILDINGS 

Sec.  620.    Alteration  of  brick  buildings.    (Repealed  Nov.  23,  1915.) 
§621.  Altering  use  of  frame  buildings.    (Repealed  Nov.  23,  1915.) 
§  622.  Increasing  height  of  buildings.    (Repealed  Nov.  23,  1915.) 
§  623.  Raising  or  lowering  to  grade. 
§  624.  Demolishing  buildings.    (Repealed  Dec.  28,  1915.) 

Sec.  623.  Raising  or  lowering  to  grade. — If  any  building  shall  have 
been  built  before  the  street  upon  which  it  is  located  is  graded,  or  if 
the  grade  is  altered,  such  building  may  be  raised  or  lowered  to  meet 
the  requirements  of  such  grade. 

ARTICLE  31 

UNSAFE    BUILDINGS    AND    COLLAPSED    STRUCTURES 

(As  amended  by  ord.  effective  Dec.  21,  1915) 

Sec.  630.  Removal  or  repair  of  buildings. 

§  631.  Record  and  notice  of  unsafe  buildings. 

§  632.  Voluntary  abatement. 

§  633.  Disregard  of  notice;  survey. 

§  634.  Judicial  review  of  survey. 

§  635.  Repair  or  removal  under  precept. 

§  636.  Provision  for  expense  of  executing  precept. 

§  637.  Return  of  precept;  reimbursement  of  city. 

§  638.  Fallen  buildings;  buildings  imminently  dangerous. 

§  639.  Emergency  fund. 


BUILDING  CODE  157 

Sec.  630.  Removal  or  repair  of  buildings. — Any  building  or  pan  of  a 
building,  staging  or  other  structure  that  from  any  cause  may  now  be, 
or  shall  at  any  time  hereafter  become  dangerous  or  unsafe,  shall  be 
taken  down  and  removed,  or  made  safe  and  secure. 

§  631.  Record  and  notice  of  unsafe  building. — Immediately  upon 
the  receipt  of  a  report  by  any  officer  or  employee  of  the  bureau  of 
buildings  that  a  building  or  part  of  a  building,  staging  or  structure 
is  unsafe  or  dangerous,  the  superintendent  of  buildings  shall  cause 
the  same  to  be  entered  upon  a  docket  of  unsafe  buildings  to  be  kept 
in  his  bureau;  and  the  owner,  or  some  one  of  the  owners,  executors, 
administrators,  agents,  lessees  or  any  other  person  who  may  have 
a  vested  or  contingent  interest  in  the  same,  shall  be  served  with  a 
printed  or  written  notice  containing  a  description  of  the  premises 
or  structure  deemed  unsafe  or  dangerous,  a  statement  of  the  partic- 
ulars in  which  the  building  or  structure  is  unsafe  or  dangerous,  and 
an  order  requiring  the  same  to  be  made  safe  and  secure  or  removed, 
as  may  be  deemed  necessary  by  the  superintendent  of  buildings. 
Such  notice  shall  require  the  person  thus  served  to  immediately 
certify  to  the  superintendent  his  assent  or  refusal  to  secure  or 
remove  the  same. 

(B.  C.,  sec.  153,  rev.  from  L.  1882,  ch.  410,  §  509,  as  amend.) 
The  city  is  not  responsible  for  the  acts  or  omissions  of  the  officers  of  the  Building 
Department  who,  in  the  exercise  of  sovereign  power,  have  the  duty  of  examining 
and  removing  dangerous  buildings.  Conners  v.  Mayor,  11  Hun,  439.  But  the 
head  of  the  department  may  be  liable  for  his  official  neglect  to  a  person  injured 
thereby.  Connors  v.  Adams,  13  Hun,  427.  As  to  expenses  to  which  the  owner  is 
liable.  Matter  of  City  of  N.  Y.  v.  Unsafe  Building,  130  App.  Div.  396. 

§  632.  Voluntary  abatement. — If  the  person  served  with  a  notice 
specified  in  §  631,  shall  immediately  certify  his  assent  to  the  securing 
or  removal  of  said  unsafe  or  dangerous  building,  premises  or  struc- 
ture, he  shall  be  allowed  twenty-four  hours  after  the  service  of  such 
notice,  in  which  to  commence  the  securing  or  removal  of  the  same; 
and  he  shall  employ  sufficient  labor  and  assistance  to  secure  or  re- 
move the  same  as  expeditiously  as  can  be  done. 

§  633.  Disregard  of  notice;  survey.  1.  Notice  of  survey. — Upon 
the  refusal  or  neglect  of  the  person  served  with  the  notice  for  which 
provision  is  made  in  §§  631  and  632,  to  comply  with  any  of  the  re- 
quirements thereof,  a  further  notice  shall  be  served  upon  him,  in  the 
manner  heretofore  prescribed,  notifying  him  that  a  survey  of  the 
premises  named  in  said  notice  will  be  made  at  the  time  and  place 
therein  named,  which  time  shall  not  be  less  than  twenty-four  hours 
nor  more  than  three  days  from  the  time  of  the  service  of  said  notice, 
by  three  competent  persons,  one  of  whom  shall  be  the  superintendent 
of  buildings  or  an  inspector  designated  in  writing  by  said  super- 
intendent, another  of  whom  shall  be  an  architect,  appointed  by  the 
New  York  Chapter  of  the  American  Institute  of  Architects  for 
the  boroughs  of  Manhattan,  The  Bronx  and  Richmond,  and  by  the 
Brooklyn  Chapter  of  the  American  Institute  of  Architects  for  the 
boroughs  of  Brooklyn  and  Queens,  depending  upon  the  borough 
or  boroughs  in  which  the  property  is  located,  another  of  whom  shall 
be  a  practical  builder,  engineer  or  architect  appointed  by  the  person 
thus  notified.  In  case  the  person  served  with  such  notice  shall  neg- 
lect or  refuse  to  appoint  such  surveyor  the  other  two  surveyors  shall 
make  the  survey,  and  in  case  of  a  disagreement  of  the  latter,  shall 


158  CODE   OP  ORDINANCES  OP  THE   CITY   OP  NEW  YORK 

appoint  a  third  person  to  take  part  in  such  survey,  who  shall  also 
be  a  practical  builder,  engineer  or  architect  of  at  least  ten  years' 
practice  and  whose  decision  snail  be  final.  The  notice  shall  also  set 
forth  that  in  case  the  premises  referred  to  therein  shall  be  reported 
unsafe  or  dangerous  under  such  survey,  the  said  report  shall  be 
placed  before  the  Supreme  Court,  as  indicated  in  the  notice,  and  that 
a  trial  upon  the  allegations  and  statements  contained  in  said  report, 
be  the  report  of  said  surveyors  more  or  less  than  is  contained  in  the 
said  notice  of  survey,  will  be  had  before  said  court  at  a  time  and  place 
therein  named,  to  determine  whether  said  unsafe  or  dangerous 
building  or  premises  shall  be  repaired  and  secured  or  taken  down  and 
removed,  and  that  a  report  of  said  survey,  reduced  to  writing,  shall 
constitute  the  issue  to  be  placed  before  the  court  for  trial. 

2.  Posting  report  of  survey.     A  copy  of  the  report  of  the  survey 
shall  be  posted  on  the  building  the  subject  thereof  by  the  persons 
holding  the  survey  immediately  on  their  signing  such  report. 

3.  Compensation  of  surveyor.     The  architect  appointed  by  the 
Chapters  of  the  American  Institute  of  Architects,  as  hereinbefore 
provided,  who  may  act  on  any  survey  called  in  accordance  with  the 
provisions  of  this  article,  and  the  third  surveyor  who  may  have  been 
called  in  the  case  of  disagreement  provided  for  in  this  section,  shall 
be  entitled  to  and  receive  each  the  sum  of  $25,  to  be  paid  by  the  comp- 
troller upon  the  voucher  of  the  superintendent  of  buildings.    A  cause 
of  action  is  hereby  created  for  the  benefit  of  the  City  against  the 
owner  of  said  building,  staging  or  structure,  and  of  the  lot  or  parcel 
of  land  on  which  the  same  is  situated,  for  the  amount  so  paid  with 
interest.    The  amount  so  collected  shall  be  paid  over  to  the  comp- 
troller in  reimbursement  of  the  amounts  paid  by  him  as  afore- 
said. 

(B.  C.,  sec.  154,  rev.  from  L.  1882,  ch.  410,  §  510,  as  amend.) 
Only  the  defects  mentioned  in  the  preliminary  notice  can  be  tried.    If  others  are 
found,  a  new  survey  must  be  had.    Matter  of  Unsafe  Building,  1  Abb.  N.  C.  464. 
See  also  Cain  v.  City  of  Syracuse,  95  N.  Y.  83. 

§  634.  Judicial  review  of  survey.  1.  Institution  of  proceeding. — • 
Whenever  the  report  of  any  such  survey  had  as  aforesaid  shall  recite 
that  the  building,  premises  or  structure  thus  surveyed  is  unsafe  or 
dangerous,  the  corporation  counsel  shall  at  the  time  specified  in  the 
notice  place  such  notice  and  report  before  the  justice  holding  a  spe- 
cial term  of  the  court  named  in  the  notice. 

2.  Precedence  of  proceeding.     The  determination  of  the  issue  in 
an  unsafe  building  proceeding  shall  have  precedence  over  every  other 
business  of  such  court,  and  a  trial  of  the  issue  shall  be  held  without 
delay  at  the  time  specified  in  the  notice  by  the  justice  holding  said 
court,  or  a  referee,  whose  decision  or  report  in  the  matter  shall  be 
final,  unless  a  jury  trial  is  demanded,  in  which  case  the  verdict  of 
such  jury  shall  be  final. 

3.  Postponement  of  trial.     If  for  any  reason  the  issue  shall  not  be 
tried  at  the  time  specified  in  said  notice,  or  to  which  the  trial  may  be 
adjourned,  the  same  may  be  brought  to  trial  at  any  time  thereafter 
by  the  superintendent  of  buildings  without  a  new  survey,  upon  not 
less  than  three  days'  notice  of  trial  to  the  person  upon  whom  the  orig- 
inal notice  was  served,  or  to  his  attorney.    Such  notice  of  trial  may 
be  served  in  the  same  manner  as  said  original  notice. 


BUILDING    CODE  159 

4.  Precept  to  abate.  Upon  the  rendition  of  a  verdict  or  decision 
of  the  court  or  referee,  if  the  said  verdict  or  decision  shall  find  the 
said  building,  premises  or  structure  to  be  unsafe  or  dangerous,  the 
justice  trying  the  cause,  or  to  whom  the  report  of  the  referee  trying 
said  cause  shall  be  presented,  shall  immediately  issue  a  precept 
directed  to  the  superintendent  of  buildings,  reciting  said  verdict  or 
decision,  and  commanding  him  forthwith  to  repair  and  secure,  or 
take  down  or  remove,  as  the  case  may  be,  the  unsafe  or  dangerous 
building  or  part  thereof,  staging,  structure  or  other  premises  that 
shall  have  been  named  in  the  said  report,  in  accordance  with  such 
verdict  or  decision. 

§  635.  Repair  or  removal  under  precept.  1.  Execution  of  precept. — 
Upon  receiving  a  precept  issued  under  the  provisions  of  the  preced- 
ing section,  the  superintendent  of  buildings  referred  to  therein  shall 
immediately  proceed  to  execute  the  same,  as  therein  directed,  and 
may  employ  such  labor  and  assistance  and  furnish  such  materials 
as  may  be  necessary  for  that  purpose,  provided,  nevertheless,  that 
immediately  upon  the  issuing  of  said  precept,  the  owner  of  said  build- 
ing or  part  thereof,  staging  or  structure,  or  premises,  or  any  party 
interested  therein,  upon  application  to  the  superintendent  of  build- 
ings, shall,  upon  the  payment  of  all  costs  and  expenses,  incurred  up 
to  that  time  by  the  city,  be  allowed  to  perform  the  requirements  of 
the  precept  at  his  own  proper  cost  and  expense,  if  the  same  shall  be 
done  immediately  and  in  accordance  with  the  requirements  of  said 
precept.  The  superintendent  of  buildings  shall  have  authority  to 
modify  the  requirements  of  any  precept  upon  application  to  him 
therefor,  in  writing,  by  the  owner  of  said  building  or  part  thereof, 
staging  or  structure,  or  his  representative,  when  he  shall  be  satisfied 
that  such  change  shall  secure  equally  well  the  safety  of  said  building, 
or  part  thereof,  staging  or  structure. 

2.  Interference  prohibited.  It  shall  be  unlawful  for  any  person, 
whether  interested  or  not  in  the  property  affected,  to  interfere,  ob- 
struct or  hinder  the  superintendent  of  buildings  or  his  representative 
or  any  person  who,  acting  under  the  authority  conferred  on  him  by 
such  superintendent,  is  performing  the  work  directed  by  a  precept 
issued  out  of  any  Court  as  in  this  article  provided,  or  ordered  by  the 
superintendent  in  accordance  with  such  precept  under  the  provisions 
of  this  chapter. 

§  636.  Provision  for  expense  of  executing  precept.  In  and  about 
all  preliminary  proceedings,  as  well  as  the  carrying  into  effect  any 
order  of  the  court  or  any  precept  issued  by  any  court,  the  superin- 
tendent of  buildings  may  make  requisition  upon  the  comptroller  for 
such  amount  of  money  as  shall  be  necessary  to  meet  the  expenses 
thereof;  and  upon  the  approval  of  the  statement  of  expenses  thereof 
by  any  justice  of  the  court  from  which  the  said  order  or  precept  was 
issued,  the  comptroller  shall  pay  the  same,  and  for  that  purpose 
shall  borrow  and  raise  upon  revenue  bonds,  issued  as  provided  by  law, 
the  several  amounts  that  may  from  time  to  time  be  required,  which 
shall  be  reimbursed  by  the  payment  of  the  amount  and  interest  at 
six  per  cent,  out  of  any  judgment  obtained  as  hereinafter  provided, 
when  said  amount  and  interest  shall  have  been  collected. 

§  637.  Return  of  precept;  reimbursement  of  city. — Upon  compliance 
with  any  precept  issued  to  him  in  an  unsafe  building  proceeding, 


160  CODE   OP  ORDINANCES  OF  THE   CITY   OF  NEW   YORK 

the  superintendent  of  buildings  [to  whom  the  precept  issued]  shall 
make  return  thereof,  with  an  indorsement  of  the  action  thereunder 
and  the  cost  and  expenses  thereby  incurred,  to  the  justice  then  hold- 
ing the  special  term  of  the  court  from  which  such  precept  issued,  and 
thereupon  said  justice  shall  tax  and  adjust  the  amount  indorsed  upon 
said  precept,  and  shall  adjust  and  allow  the  disbursements  of  the 
proceeding,  together  with  the  preliminary  expenses  of  searches  and 
surveys  thereof »  which  shall  be  inserted  in  the  judgment  in  said 
action  or  proceeding,  and  shall  render  judgment  for  such  amount, 
and  for  the  sale  of  the  said  premises  in  the  said  notice  named,  together 
with  all  the  right,  title  and  interest  that  the  person  named  in  the 
said  notice  had  in  the  lot,  ground  or  land  upon  which  the  said  build- 
ing or  structure  was  placed,  at  the  time  of  the  filing  of  a  notice  of 
lis  pendens  in  the  said  proceedings,  or  at  the  time  of  the  entry  of 
judgment  therein  to  satisfy  the  same,  which  shall  be  in  the  same  man- 
ner and  with  like  effect  as  sales  under  judgment  in  foreclosure  of 
mortgages.  The  notice  of  lis  pendens  provided  for  in  this  section 
shall  consist  of  a  copy  of  said  notice  of  survey  and  shall  be  filed  in 
the  office  of  a  county  clerk  in  the  county  where  the  property  affected 
by  such  action,  suit  or  proceeding  is  located. 

§  638.  Fallen  buildings;  building  imminently  dangerous.  1.  Re- 
covery of  bodies  from  wrecked  buildings. — In  case  of  the  falling  of  any 
building  or  part  thereof  in  the  city,  where  persons  are  known  or 
believed  to  be  buried  under  the  ruins,  the  superintendent  of  build- 
ings shall  cause  an  examination  of  the  premises  to  be  made  for  the 
recovery  of  the  bodies  of  the  killed  and  injured.  Whenever,  in  mak- 
ing such  examination,  it  shall  be  necessary  to  remove  any  debris 
from  the  premises,  the  commissioners  of  the  departments  of  docks, 
parks  and  street  cleaning,  and  the  superintendent  of  the  appropriate 
bureau  of  highways,  respectively,  when  called  upon  by  the  superin- 
tendent of  buildings,  shall  co-operate  with  said  superintendent  in 
carrying  out  the  purpose  of  this  section  and  shall  provide  suitable 
and  convenient  places  for  the  deposit  of  such  debris. 

2.  Temporary  safeguards  for  dangerous  buildings.     In  case  there 
shall  be,  in  the  opinion  of  the  superintendent  of  buildings,  actual 
and  immediate  danger  of  the  falling  of  any  buildirig  or  part  thereof 
so  as  to  endanger  life  or  property,  he  shall  cause  the  necessary  work 
to  be  done  to  render  said  building  or  part  thereof  temporarily  safe 
until  the  proper  proceedings  provided  for  unsafe  buildings  by  this 
article  are  instituted. 

3.  Vacating  buildings;  closing  streets  and  sidewalks.     The  super- 
intendent of  buildings  is  hereby  authorized  and  empowered  in  such 
cases,  and  also  where  any  building  or  part  thereof  has  fallen  and  life 
is  endangered  by  the  occupation  thereof,  to  order  and  require  the 
inmates  and  occupants  of  such  building  or  part  thereof  to  vacate 
the  same  forthwith,  and  the  superintendent  may,  when  necessary 
for  the  public  safety,  temporarily  close  sidewalks,  streets,  buildings, 
structures  and  places  adjacent  to  such  building  or  part  thereof,  and 
prohibit  the  same  from  being  used.    The  police  commissioner,  when 
called  upon  by  the  superintendent  of  buildings  to  co-operate,  shall 
enforce  such  orders  or  requirements. 

4.  Laborers  and  materials.     For  the  purposes  of  this  section,  the 
superintendent  of  buildings  shall  employ  such  laborers  and  ma- 


BUILDING   CODE  161 

terials  as  may  be  necessary  to  perform  said  work  as  speedily  as 
possible. 

While  debris  may  be  removed  it  cannot  be  sorted  at  the  city's  expense.  People 
ex  rel.  Dunn  v.  Metz,  115  App.  Div.  269. 

§  639.  Emergency  fund.  1 .  Sources. — The  corporation  counsel 
shall,  on  the  first  day  of  each  and  every  month,  render  to  each  su- 
perintendent of  buildings  an  account  of  and  pay  over  to  him  the 
amount  of  such  penalties  and  costs  received  by  him,  together  with 
his  bill  for  all  necessary  disbursements  incurred  or  paid  in  said  suits, 
keeping  a  separate  account  for  each  superintendent.  Each  super- 
intendent shall  pay  over  monthly  the  amount  of  such  penalties  and 
costs  so  collected  to  the  comptroller,  as  a  fund  for  the  use  and  bene- 
fit of  his  bureau. 

2.  Purposes.  The  fund  aforesaid  shall  be  used  for  the  purpose 
of  paying  expenses  incurred  by  the  several  superintendents  of  build- 
ings under  §  638  of  this  chapter,  and  also  for  the  purpose  of  carrying 
into  effect  any  order  or  precept  issued  by  any  court,  judge  or  justice 
to  any  superintendent  of  buildings.  Upon  the  requisition  of  the  su- 
perintendent having  jurisdiction  the  comptroller  shall  pay  such 
sums  as  may  be  allowed  and  adjusted  by  any  court  of  record  for  such 
purposes. 

ARTICLE  32 

ENFORCEMENT   OF   CHAPTER 

(Amended  by  ord.  effective  Nov.  29,  1916) 

Sec.  650.  Notices  of  requirements  or  of  violations. 
§  651.  Emergency  measures. 
§  652.  Judicial  remedies. 
§  663.  Judicial  orders. 
§  654.  Penalties. 
§  655.  When  violation  is  a  misdemeanor. 

Sec.  650.  Notices  of  requirements  or  of  violations.  1.  Issue. — AH 
notices  of  the  violation  of  any  of  the  provisions  of  this  chapter,  and 
all  notices  required  or  authorized  by  this  chapter,  directing  any- 
thing to  be  done,  including  notices  that  any  building,  structure, 
premises,  or  any  part  thereof,  is  deemed  to  be  unsafe  or  dangerous, 
shall  be  issued  by  the  superintendent  of  buildings,  and  shall  have  his 
name  affixed  thereto. 

2.  Contents.     Each  such  notice  or  order,  in  addition  to  the  state- 
ment of  requirements,  shall  contain  a  description  of  the  building, 
premises  or  property  affected. 

3.  Personal  service.     All  such  notices,  and  any  notice  or  order  is- 
sued by  any  court  in  any  proceeding,  instituted  pursuant  to  this 
chapter,  to  restrain  or  remove  any  violation,  or  to  enforce  compli- 
ance with  any  provision  or  requirement  of  this  chapter,  may  be 
served  by  delivering  to  and  leaving  a  copy  of  the  same  with  any 
person  violating,  or  who  may  be  liable  under  any  provisions  of  this 
chapter,  or  who  may  be  designated  as  provided  in  subdivision  4 
of  §  653  of  this  article.    They  may  be  served  by  any  officer  or  em- 


162  CODE   OF   ORDINANCBS  OP  THE   CITY   OP  NEW   YORK 

ployee  of  the  bureau  of  buildings,  or  by  any  person  authorized  by  the 
said  bureau. 

4.  Notice  by  posting.  If  the  person  to  whom  such  order  or  notice 
is  addressed  cannot  be  found  within  the  city  of  New  York  after  dili- 
gent search  shall  have  been  made  for  him,  then  such  notice  or  order 
may  be  served  by  posting  the  same  in  a  conspicuous  place  upon  the 
premises  where  such  violation  is  alleged  to  have  been  placed  or  to 
exist,  or  to  which  such  notice  or  order  may  refer,  or  which  may  be 
deemed  unsafe  or  dangerous,  and  also  depositing  a  copy  thereof  in  a 
post-office  in  the  city  of  New  York,  inclosed  in  a  sealed,  postpaid 
wrapper  addressed  to  said  person  at  his  last  known  place  of  residence, 
which  shall  be  equivalent  to  a  personal  service  of  said  notice  or  order 
upon  all  parties  for  whom  such  search  shall  have  been  made,  whether 
residents  or  non-residents  of  the  State  of  New  York. 

(B.  C.,  sec.  152,  rev.  from  L.  1882,  ch.  410,  §  507,  as  amend.) 

See  Greenhaus  v.  Alter,  30  App.  Div.  585;  Fire  Dept.  v.  Williamson,  1  Robt.  476. 

§  651.  Emergency  measures.  I.  Stopping  work;  vacating  and  se- 
curing building. — In  case  there  shall  be,  in  the  opinion  of  the  super- 
intendent of  buildings,  danger  to  life  or  property  by  reason  of  any 
defective  or  illegal  work  in  violation  of  or  not  in  compliance  with  any 
of  the  provisions  or  requirements  of  this  chapter,  the  superintendent, 
or  such  person  as  may  be  designated  by  him,  shall  have  the  right  and 
he  is  hereby  authorized  and  empowered  to  order  all  further  work 
to  be  stopped  in  and  about  said  building,  and  to  require  all  persons 
in  and  about  said  building  forthwith  to  vacate  the  same,  and  to 
cause  such  work  to  be  done  in  and  about  the  building  as  in  his  judg- 
ment may  be  necessary  to  remove  any  danger  therefrom. 

2.  Closing  street  temporarily.  The  superintendent  of  buildings 
may,  when  necessary  for  the  public  safety,  temporarily  close  the 
sidewalks,  streets,  buildings,  structures  or  places  adjacent  to  said 
building  or  part  thereof,  and  the  police  commissioner,  or  any  of  his 
subordinates,  when  called  upon  by  the  said  superintendent  of  build- 
ings to  co-operate,  shall  enforce  all  orders  or  requirements  made 
under  this  section/ 

§  652.  Judicial  remedies.  1.  Action  or  proceeding,  generally. — 
Whenever  the  superintendent  of  buildings  is  satisfied  that  any 
building  or  structure,  or  any  portion  thereof,  or  any  drainage  or 
plumbing,  the  erection,  construction  or  alteration,  execution  or 
repair  of  which  is  regulated,  permitted  or  forbidden  by  this  chapter, 
is  being  erected,  constructed,  altered  or  repaired,  or  has  been  erected, 
constructed,  altered  or  repaired,  in  violation  of,  or  not  in  compliance 
with,  any  of  the  provisions  or  requirements  of  this  chapter,  or  in 
violation  of  any  detailed  statement  of  specifications  or  plans  sub- 
mitted and  approved  thereunder,  or  of  any  certificate  or  permit 
issued  thereunder,  or  that  any  provision  or  requirement  of  this 
chapter,  or  any  order  or  direction  made  thereunder  has  not  been 
complied  with,  or  that  plans  and  specifications  for  plumbing  and 
drainage  have  not  been  submitted  or  filed  as  required  by  this  chapter, 
the  superintendent  may,  in  his  discretion,  through  the  corporation 
counsel,  institute  any  appropriate  action  or  proceeding  at  law  or  in 
equity  to  restrain,  correct  or  remove  such  violation,  or  the  execution 
of  any  work  thereon,  or  to  restrain  or  correct  the  erection  or  altera- 
tion of,  or  to  require  the  removal  of,  or  to  prevent  the  occupation 


BUILDING    CODE  163 

or  use  of,  the  building  or  structure  erected,  constructed,  or  altered, 
in  violation  of,  or  not  in  compliance  with,  any  of  the  provisions  of 
this  chapter,  or  with  respect  to  which  the  requirements  thereof,  or 
of  any  order  or  direction  made  pursuant  to  any  provisions  contained 
therein,  shall  not  have  been  complied  with.  Any  person  who  shall 
maintain  or  continue  any  building  or  structure,  or  any  portion 
thereof,  or  any  drainage  or  plumbing,  in  violation  of  any  of  the  pro- 
visions of  this  chapter,  after  having  been  duly  notified  as  in  this 
chapter  provided  that  such  building  or  structure,  or  any  portion 
thereof,  or  that  such  drainage  or  plumbing  is  in  violation  of  any 
provision  of  this  chapter,  shall  be  subject  to  any  action  or  proceed- 
ing and  any  penalty  that  is  provided  in  this  article  for  the  commission 
of  the  violation. 

2.  Corporation  counsel  to  act.     The  corporation  counsel  shall  in- 
stitute any  and  all  actions  and  proceedings,  either  legal  or  equitable 
that  may  be  appropriate  or  necessary  for  the  enforcement  of  the  pro- 
visions of  this,  chapter. 

3.  Courts  having  jurisdiction.     All  courts  of  civil  jurisdiction  in 
the  city  shall  have  cognizance  of  and  jurisdiction  over  any  and  all 
suits  and  proceedings  authorized  by  this  chapter  to  be  brought  for 
the  recovery  of  any  penalty  or  the  enforcement  of  any  provision 
of  this  chapter,  and  shall  give  preference  to  such  suits  and  proceed- 
ings over  all  others.    No  court  shall  lose  jurisdiction  of  any  action 
hereunder  by  reason  of  a  plea  that  the  title  to  real  estate  is  involved ; 
provided  the  object  of  the  action  is  to  recover  a  penalty  for  the  viola- 
tion of  any  of  the  provisions  of  this  chapter.    All  civil  courts  in  said 
city  are  hereby  invested  with  full  legal  and  equitable  jurisdiction  to 
hear,  try  and  determine  all  such  actions  and  proceedings,  and  to 
make  appropriate  orders  and  render  judgment  therein  according  to 
law,  so  as  to  give  force  and  effect  to  the  provisions  of  this  chapter. 

4.  Restraining  order.     In  any  such  action  or  proceeding  the  city 
may,  in  the  discretion  of  the  superintendent  of  buildings  and  on  his 
affidavit  setting  forth  the  facts,  apply  to  any  court  of  record  in  said 
city  or  to  a  judge  or  justice  thereof,  for  an  order  enjoining  and  re- 
straining all  persons  from  doing,  or  causing  or  permitting  to  be  done, 
any  work  in  or  upon  such  building  or  structure,  or  in  or  upon  such 
part  thereof  as  may  be  designated  in  said  affidavit,  or  from  occupy- 
ing or  using  said  building  or  structure,  or  such  portion  thereof  as  may 
be  designated  in  said  affidavit,  for  any  purpose  whatever,  until  the 
hearing  and  determination  of  said  action  and  the  entry  of  final 
judgment  therein.    The  court,  or  judge  or  justice  thereof,  to  whom 
such  application  is  made,  is  hereby  authorized  forthwith  to  make  any 
or  all  of  the  orders  above  specified,  as  may  be  required  in  such  appli- 
cation, with  or  without  notice,  and  to  make  such  other  or  further 
orders  or  directions  as  may  be  necessary  to  render  the  same  effectual. 
No  undertaking  shall  be  required  as  a  condition  to  the  granting  or 
issuing  of  such  injunction  order,  or  by  reason  thereof. 

5.  Judgment.     All  courts  in  which  any  action  or  proceeding  is 
instituted  under  this  chapter  shall,  upon  the  rendition  of  a  verdict, 
report  of  a  referee,  or  decision  of  a  judge  or  justice,  render  judgment 
in  accordance  therewith. 

6.  Lien  of  judgment.     Any  judgment  rendered  in  an  action  or 
proceeding  instituted  under  this  chapter  shall  be  and  become  a  lien 


164  CODE   OF   ORDINANCES  OF  THE   CITY   OF  NEW   YORK 

upon  the  premises  named  in  the  complaint  in  such  action,  to  date 
from  the  time  of  filing  a  notice  of  lis  pendens  in  the  county  clerk's 
office  of  the  county,  wherein  the  property  affected  by  such  action, 
suit  or  proceeding,  is  located.  Every  such  lien  may  be  enforced 
against  said  property,  in  every  respect,  notwithstanding  the  same 
may  be  transferred  subsequent  to  the  filing  of  the  said  notice. 

7.  Lis  pendens.    The  notice  of  lis  pendens  referred  to  in  this 
section  shall  consist  of  a  copy  of  the  notice  issued  by  the  superin- 
tendent of  buildings,  requiring  the  removal  of  the  violation  and  a 
notice  of  the  suit  or  proceedings  instituted,  or  to  be  instituted  thereon. 
Such  notice  of  lis  pendens  may  be  filed  at  any  time  after  the  service 
of  the  notice  issued  by  the  superintendent  as  aforesaid;  provided 
he  may  deem  the  same  to  be  necessary,  or  is  satisfied  that  the  owner 
of  the  property  is  about  to  transfer  the  same  to  avoid  responsibility 
for  having  violated  a  provision  of  this  chapter.    Any  notice  of  lis 
pendens  filed  pursuant  to  the  provisions  of  this  chapter  may  be 
vacated  and  cancelled  of  record  upon  an  order  of  a  justice  of  the  court 
in  which  such  suit  or  proceeding  was  instituted  or  is  pending,  or 
upon  the  consent  in  writing  of  the  corporation  counsel.    The  clerk 
of  the  county  where  the  notice  is  filed,  is  hereby  directed  and  re- 
quired to  mark  any  such  notice  of  lis  pendens,  and  any  record  or 
docket  thereof,  as  vacated  and  cancelled  of  record,  upon  the  presen- 
tation and  filing  of  a  certified  copy  of  an  order  or  of  the  consent,  as 
aforesaid. 

8.  Costs.     In  no  case  shall  a  bureau  of  buildings,  or  any  officer 
thereof,  of  the  city,  be  liable  for  costs  in  any  action,  suit  or  proceed- 
ing that  may  have  been,  or  may  hereafter  be,  instituted  or  com- 
menced in  pursuance  of  this  chapter. 

9.  Officers  not  liable  for  damages.     No  officer  of  a  bureau  of  build- 
ings, acting  in  good  faith  and  without  malice,  shall  be  liable  for 
damages  by  reason  of  anything  done  in  any  action  or  proceeding 
instituted  under  any  provision  of  this  chapter,  or  by  reason  of  any 
act  or  omission  in  the  performance  of  his  official  duties. 

§  653.  Judicial  orders.  1.  To  comply  with  building  notices. — In 
case  any  notice  or  direction  authorized  to  be  issued  by  this  chapter 
is  not  complied  with  within  the  time  designated  therein,  the  city,  by 
the  corporation  counsel,  may,  at  the  request  of  the  superintendent 
of  buildings,  apply  to  the  Supreme  Court,  at  a  special  term  thereof, 
for  an  order  directing  the  superintendent  to  proceed  to  make  the 
alterations  or  remove  the  violation,  as  the  same  may  be  specified 
in  said  notice  or  direction. 

2.  To  vacate  for  violations.     Whenever  any  notice  or  direction  so 
authorized,  shall  have  been  served  as  directed  in  this  article,  and  the 
same  shall  not  have  been  complied  with  within  the  time  designated 
therein,  the  corporation  counsel  shall,  at  the  request  of  the  superin- 
tendent of  buildings,  in  addition  to,  or  in  lieu  of  any  other  remedy 
provided  for  by  this  chapter,  apply  to  the  Supreme  Court,  at  a  special 
term  thereof,  for  an  order  directing  the  superintendent  to  vacate 
such  building  or  premises,  or  so  much  thereof  as  he  may  deem  neces- 
sary, and  prohibiting  the  same  to  be  used  or  occupied  for  any  pur- 
pose specified  in  said  order  until  such  notice  shall  have  been  complied 
with. 

3.  Responsibility  of  lessees  or  occupants.    In  case  any  of  the  notices 


BUILDING    CODE  165 

or  orders  of  the  court  herein  mentioned  shall  be  served  upon  any 
lessee  or  party  in  possession  of  the  building  or  premises  therein 
described,  it  shall  be  the  duty  of  the  person  upon  whom  such  service 
is  made  to  give  immediate  notice  to  the  owner  or  agent  of  the  build- 
ing or  premises  named  in  the  notice,  if  such  person  shall  be  within 
the  limits  of  the  city,  and  his  residence  be  known  to  such  person, 
and,  if  not  within  the  city  by  depositing  said  notice  in  any  post-office 
in  the  city,  properly  inclosed  in  a  post-paid  wrapper  addressed  to  such 
owner  or  agent  at  his  then  known  place  of  residence. 

4.  Designation  by  an  owner  of  a  building.     Any  owner  of  real  estate 
or  of  a  building  thereon,  may  execute  and  acknowledge  a  written 
designation  of  a  resident  of  said  city,  as  a  person  upon  whom  may 
be  served,  any  notice  of  violation,  notice  to  make  safe,  or  notice  of 
survey,  a  summons,  a  mandate,  or  any  paper  or  process,  issued  under 
a  provision  of  this  chapter,  and  may  file  the  same,  with  the  written 
consent  of  the  person  so  designated,  duly  acknowledged,  in  the  office 
of  the  superintendent  of  buildings.     The  designation  must  specify 
the  location  of  the  property  with  respect  to  which  the  designation 
is  made  and  the  residences  and  places  of  business  of  the  person  mak- 
ing it  and  the  person  designated.     It  shall  remain  in  force  during  the 
period  specified  therein,  if  any,  or  until  revoked  by  the  death  or  legal 
incompetency  of  either  of  the  parties,  or  by  the  filing  of  a  revocation 
by  either  of  the  parties,  duly  acknowledged  and  indorsed  with  the 
consent  of  the  superintendent  of  buildings.     The  superintendent  of 
buildings  shall  file  and  index  each  designation  and  shall  note,  upon 
the  original  designation  and  index,  the  filing  of  a  revocation.     While 
the  designation  remains  in  force,  as  prescribed  in  this  section,  a  no- 
tice of  violation,  notice  to  make  safe  or  notice  of  survey,  a  summons, 
a  mandate,  or  any  paper  or  process  under  the  provisions  of  this 
chapter,  or  either  of  the  same,  shall  be  served  upon  the  person  so 
designated,  in  like  manner  ana  with  like  effect,  as  if  it  were  served 
personally  upon  the  person  making  the  designation,  notwithstanding 
his  presence  in  the  city. 

5.  Reimbursement  of  city  for  expenses.     The  expenses  and  dis- 
bursements incurred  in  the  carrying  out  of  any  order  issued  as  pro- 
vided in  subdivision  2  of  this  section,  shall  become  a  lien  upon  the 
building  or  premises  named  in  the  order,  from  the  time  of  filing  of  a 
copy  of  the  said  order,  with  a  notice  of  trie  pendency  of  the  action  or 
proceeding  as  provided  in  this  chapter,  taken  thereunder,  in  the  office 
of  the  clerk  of  the  county  where  the  property  affected  by  such  action, 
suit  or  proceeding  is  located;  and  the  Supreme  Court,  to  whom  appli- 
cation shall  be  made,  is  hereby  authorized  and  directed  to  grant  any 
of  the  orders  above  named,  and  to  take  such  proceedings  as  shall  be 
necessary  to  make  the  same  effectual,  and  any  justice  to  whom  appli- 
cation shall  be  made  is  hereby  authorized  and  directed  to  enforce 
such  lien  in  accordance  with  the  mechanics'  lien  laws  applicable  to 
the  city. 

§654.  Penalties.  1.  General. — Except  as  hereinafter  provided 
with  respect  to  the  amount  of  the  penalty  the  owner  of  any  building, 
structure  or  part  thereof,  or  wall,  or  any  platform,  staging  or  flooring 
to  be  used  for  standing  or  seating  purposes,  or  the  owner  of  the  land 
where  any  violation  of  this  chapter  shall  be  placed,  or  shall  exist, 
and  any  architect,  builder,  plumber,  carpenter,  mason  or  other  per- 


166  CODE   OF   ORDINANCES  OF  THE   CITY   OF   NEW   YORK 

son  who  may  be  employed  or  assist  in  the  commission  of  any  such 
violation,  and  any  and  all  persons  who  shall  violate  any  of  the  pro- 
visions of  this  chapter  or  fail  to  comply  therewith,  or  any  require- 
ment thereof,  or  who  shall  violate  or  fail  to  comply  with  any  detailed 
order  or  rules  made  thereunder,  or  who  shall  build  in  violation  of 
any  detailed  statement  of  specifications  or  plans,  submitted  and  ap- 
proved thereunder,  shall  severally,  for  each  ana  every  such  viola- 
tion and  non-compliance,  respectively,  forfeit  and  pay  a  penalty  in 
the  sum  of  not  less  than  ten  dollars  nor  more  than  fifty  dollars. 

2.  Heating  plant  and  fire  prevention  violations.     Any  person  who 
shall  violate  any  of  the  provisions  of  this  chapter,  as  to  the  construc- 
tion of  chimneys,  fireplaces,  flues,  hot-air  pipes  and  furnaces,  or  who 
shall  violate  any  of  the  provisions  thereof  relating  to  the  framing  or 
trimming  of  timbers,  girders,  beams,  or  other  woodwork  in  proximity 
to  chimney  flues  or  fireplaces,  shall  forfeit  and  pay  a  penalty  in  the 
sum  of  one  hundred  dollars. 

2a.  Violations  of  the  provisions  for  the  registration  of  plumbers. 
Any  person,  corporation  or  copartnership  violating  any  of  the  pro- 
visions of  sec.  604  of  this  chapter  relating  to  the  registration  of  plumb- 
ers shall  be  fined  for  such  offense  in  a  sum  not  exceeding  two  hundred 
and  fifty  dollars,  or  by  imprisonment  not  exceeding  three  months, 
or  by  both,  and  in  addition,  shall  forfeit  any  certificate  of  registration 
that  may  be  held  at  the  time  of  such  conviction,  provided,  however, 
that  when  such  violation  is  for  the  provision  relating  to  the  posting 
of  a  metal  plate,  no  penalty  for  imprisonment  shall  be  imposed,  and 
the  fine  shall  not  exceed  fifty  dollars  for  the  first  offense,  but  not  less 
than  one  hundred  nor  more  than  five  hundred  dollars  for  a  subse- 
quent offense.  (Amended  ord.  effective  July  7,  1916.) 

3.  Continuing  violation,  after  notice.     Any  person  who  having  been 
served  with  a  notice  as  in  this  chapter  prescribed,  to  remove  any 
violation,  or  comply  with  any  requirement  of  this  chapter,  or  with 
any  order  or  rule  made  thereunder,  shall  fail  to  comply  with  said 
notice  within  ten  days  after  such  service  or  shall  continue  to  violate 
any  requirement  of  this  chapter  in  the  respect  named  in  said  notice 
shall  pay  a  penalty  of  not  less  than  fifty  dollars  nor  more  than  two 
hundred  and  fifty  dollars. 

4.  Jurisdiction  of  penalty  actions.     For  the  recovery  of  any  said 
penalty  or  penalties  an  action  may  be  brought  in  any  municipal 
court,  or  court  of  record,  in  said  city  in  the  name  of  the  city;  and 
whenever  any  judgment  shall  be  rendered  therefor,  the  same  shall 
be  collected  and  enforced,  as  prescribed  and  directed  by  the  code  of 
civil  procedure  of  the  state  of  New  York. 

5.  Discontinuance  of  action  upon  removal  of  violation.     If  any 
violation  shall  be  removed  or  be  in  process  of  removal  within  ten 
days  after  the  service  of  a  notice  as  in  this  chapter  prescribed,  the 
liability  of  such  penalty  shall  cease,  and  the  corporation  counsel,  on 
request  of  the  superintendent  of  buildings,  shall  discontinue  any 
action  pending  to  recover  the  same,  upon  such  removal  or  the  com- 
pletion thereof  within  a  reasonable  time.  . 

6.  Remission    of    penalty.     The    superintendent    of    buildings, 
through  the  corporation  counsel,  is  hereby  authorized,  in  his  discre- 
tion and  upon  good  and  sufficient  cause  being  shown  therefor,  to 
remit  any  penalty  which  any  person  may  have  incurred,  or  may 


BUILDING   CODE  167 

hereafter  incur,  under  any  of  the  provisions  of  this  chapter;  but  no 
such  penalty  shall  be  remitted  until  the  violation  shall  have  been 
removed.  Said  superintendent  is  further  authorized  in  his  discre- 
tion to  remit  any  costs  allowed  or  obtained  in  any  penalty  suit  or 
any  other  action  or  proceeding  instituted  under  the  provisions  of 
this  article. 

§  655.  When  violation  is  a  misdemeanor. — Any  person  who  shall 
receive  and  fail  to  comply  with  any  written  peremptory  order  of  the 
superintendent  of  buildings  issued  only  when  an  immediate  com- 
pliance with  such  order  is  essential  to  the  public  peace  or  safety, 
within  the  time  specified  in  such  order,  shall  be  guilty  of  a  misde- 
meanor.) (Amend,  by  ord.  effective  Nov.  29,  1915.) 


NOTES 

This  act  being  beneficial  should  be  liberally  construed  to  attain  the  object  in- 
tended. N.  Y.  Fire  Dept.  v.  Buhler,  35  N.  Y.  177. 

A  statute  limiting  height  of  certain  buildings  held  valid  exercise  of  police  power. 
People  ex  rel.  Kemp  v.  D'Oench,  111  N.  Y.  359. 

(B.  C.,  sec.  150,  rev.  from  L.  1882,  ch.  410,  §  505,  as  amend.) 

An  inspector  of  a  department  has  no  power  to  change  the  plans  and  specifica- 
tions as  fixed  by  the  head  of  the  department.  Health  Dept.  v.  Harnm,  4  Misc.  602, 
34  N.  Y.  Supp.  730.  Nor  will  the  approval  of  a  minor  official,  as  to  a  change,  be  a 
defense  to  an  action  to  recover  a  penalty.  Fire  Department  v.  Buhler,  35  N.  Y.  177; 
Fire  Department  N.  Y.  v.  Buffum,  2  E.  D.  Smith,  511. 

Excavation. — Where  a  party  is  excavating  next  to  a  building  it  is  incumbent 
upon  him  to  request  permission  to  enter  upon  the  adjoining  property  to  support 
the  adjoining  wall,  and  the  adjoining  owner  will  not  lose  the  benefit  of  the  statute 
because  he  did  not  tender  such  license.  Dorrity  v.  Rapp,  72  N.  Y.  307.  And  the 
builder  must  protect  the  adjoining  building  not  only  during  such  excavating,  but 
have  the  adjoining  wall  as  stable  after  as  before  excavating.  Bernheimer  v.  Kil- 
patrick,  53  Hun,  316;  6  N.  Y.  Supp.  858.  But  to  impose  such  obligation  on  the 
builder  the  adjoining  owner  must  grant  a  proper  license.  Sherwood  v.  Seaman, 
2  Bosw.  127.  And  where  such  license  has  been  given  the  builder  will  have  a  reaspn- 
ble  time  to  finish  the  wall,  although  the  license  may  be  revoked  by  the  adjoining 
owner.  Ketchum  v.  Newmann,  116  N.  Y.  422.  But  the  provision  requiring  an 
owner  excavating  below  ten  feet  to  protect  his  neighbor's  wall  does  not  apply  to 
one  excavating  in  a  street  under  a  contract  with  the  municipal  authorities.  Jencks 
v.  Kenny,  19  N.  Y.  Supp.  243;  28  Abb.  N.  C.  154. 

See  also  Cohen  v.  Simmons,  21  N.  Y.  Supp.  385,  app.  142  N.  Y.  671;  McKenzie 
v.  Hatton,  141  N.  Y.  8;  Blanchard  v.  Savarese,  97  App.  Div.  58;  New  York  Steam 
Co.  v.  Foundation  Co.,  123  App.  Div.  254;  Foster  v.  Zampieri,  140  App.  Div.  471. 

Where  an  excavation  is  only  carried  9  ft.  the  defendant  must  still  pay  for  cost 
of  protecting  adjoining  building  as  the  intention  was  to  go  10  ft.  or  more.  Wear  v. 
Koehler,  App.  Term  Sup.  Ct.  N.  Y.  Law  Journal,  Dec.  29,  1914. 

Signs. — Ordinance  litniting  height  sustained  People  ex  rel.  Publ.  Leasing  Co.  v. 
Ludwig,  218  N.  Y.  540  (aff.  172  App.  Div.  71);  Southern  Leasing  Co.  v.  Ludwig, 
217  N.  Y.  100. 

For  cases  on  ordinances  in  general  see  cases  cited  after  chapter  28. 


168  CODE    OF   ORDINANCES  OF   THE   CITY   OF   NEW   YORK 

CHAPTER  6 

Charities 
Article  1.  Inmates  of  public  institutions. 

ARTICLE  1 

INMATES    OF   PUBLIC    INSTITUTIONS 

Sec.  1.  Applications  for  admission;  investigation  of. 
§  2.  Classification  and  instruction. 
§  3.  Libraries. 
§  4.  Employment  and  discipline. 

Sec.  1.  Application  for  admission;  investigation  of. — The  commis- 
sioner of  public  charities  shall  investigate  the  circumstances  of  every 
person  admitted  to  an  institution  under  his  charge,  and  of  the  near 
relatives  of  such  person.  Such  investigation  shall  be  made,  when 
practicable,  before  the  admission  of  the  person,  and  the  results  of  the 
investigation  shall  be  placed  on  file  and  preserved  with  the  records  of 
the  department.  (Charter,  §  663.) 

§  2.  Classification  and  instruction. — The  commissioner  shall  cause 
all  the  inmates  of  institutions  under  his  charge  to  be  classified,  at  the 
time  of  their  admission  so  far  as  practicable,  upon  the  basis  of  pre- 
vious character  and  conduct,  but  such  inmates  may  be  transferred  or 
reclassified  in  accordance  with  their  conduct  in  the  institution.  The 
commissioner,  within  the  limits  of  his  appropriation,  may  establish 
and  maintain  in  the  public  institutions  under  his  charge  such  schools 
or  classes  for  the  instruction  and  training  of  inmates,  as  may  in  his 
opinion  be  desirable.  Teachers  employed  to  teach  the  physically  or 
mentally  defective  children  in  institutions  subject  to  the  supervision 
of  said  commissioner  shall  receive  the  same  rate  of  compensation  for 
their  services  as  is  now  or  may  hereafter  be  paid  to  teachers  of  similar 
classes  in  the  public  schools  of  the  city.  (Charter,  §  663.) 

§  3.  Libraries. — The  commissioner  is  empowered  to  provide  in  the 
several  institutions  within  his  jurisdiction  sufficient  space  for  the 
purposes  of  a  library  for  the  inmates.  He  is  authorized  to  accept 
contributions  of  books,  pamphlets  and  periodicals,  from  persons 
disposed  thus  to  aid  in  the  betterment  and  welfare  of  the  inmates 
of  the  institutions  of  the  department.  All  such  contributions  shall 
be  recorded  and  catalogued;  an  account  shall  be  kept  thereof,  and  a 
report  concerning  the  same  shall  be  made  at  least  once  in  each 
calendar  year.  (Ord.  June  27,  1911.) 

§  4.  Employment  and  discipline.  1.  Employment. — Every  inmate 
of  an  institution  of  the  department,  whose  age  and  health  will  permit, 
shall  be  employed  in  cultivating  the  ground  under  the  control  of  the 
commissioner,  or  in  manufacturing  such  articles  as  may  be  required 
for  ordinary  use  in  the  public  institutions  under  his  control  or  for 
the  use  of  any  other  department  of  the  city,  or  in  preparing  and 


CHARITIES  169 

building  sea  walls  upon  islands  or  other  places  belonging  to  the  city, 
or  in  such  mechanical  or  other  labor  as  shall  be  found  upon  examina- 
tion to  suit  the  capacity  of  the  individual.  The  articles  raised  or 
manufactured  by  such  labor  shall  be  subject  to  the  order  of,  and  shall 
be  placed  under  the  control  of  the  commissioner,  and  all  such  articles 
shall  be  utilized  so  far  as  practicable  in  the  public  institutions  under 
his  charge  or  of  some  other  department  of  the  city.  All  the  land 
under  the  jurisdiction  of  the  commissioner,  not  otherwise  occupied 
or  utilized,  and  which  is  capable  of  being  cultivated,  shall,  in  his 
discretion,  be  used  for  agricultural  purposes.  The  hours  of  labor 
required  of  any  pauper  or  other  person  committed  to  or  placed  under 
the  charge  of  the  commissioner  shall  be  fixed  by  him.  (Charter, 
§§  663  and  682,  in  part.) 

2.  Discipline.  In  case  any  pauper  under  the  control  of  the  com- 
missioner shall  neglect  or  refuse  to  perform  the  work  allotted  to  him 
or  her,  or  shall  violate  the  rules  and  regulations  of  the  institution  of 
which  he  or  she  is  an  inmate,  the  superintendent  of  the  institution 
shall  report  such  insubordination  or  violation  to  the  commissioner, 
who  may  thereupon  direct  the  punishment  of  such  pauper  by  solitary 
confinement  and  by  being  fed  on  bread  and  water;  but  only  for  such 
length  of  time  as  the  commissioner  may  consider  necessary.  In  case 
any  pauper  shall  neglect  to  perform  the  work  assigned  to  him  or  her, 
or  be  guilty  of  any  such  violation  on  three  or  more  separate  occasions, 
the  commissioner  may  cause  the  delinquent  to  be  brought  before 
the  proper  court  or  magistrate,  and  such  court  or  magistrate  may 
commit  the  accused  to  the  workhouse  or  penitentiary  as  a  disorderly 
person.  (Charter,  §682.) 


170  CODE   OF   ORDINANCES  OP   THE   CITY   OF  NEW   YORK 

CHAPTER  7 
Corrections 
Article  1.  Inmates  of  correctional  institutions. 

ARTICLE  1 

INMATES   OF   CORRECTIONAL  INSTITUTIONS 

Sec.  1.  Classification  and  instruction. 

§  2.  Libraries. 

3.  Employment. 

4.  Manufacturing  fund. 

5.  Details  of  inmates  to  other  departments. 

6.  Discipline. 

7.  Records. 

Sec.  1.  Classification  and  instruction. — The  commissioner  of  cor- 
rection shall  cause  all  the  criminals  and  misdemeanants  under  his 
charge  to  be  classified,  so  far  as  practicable,  so  that  the  youthful  and 
less  hardened  off  enders  shall  not  be  rendered  more  depraved  by  the 
association  with  and  evil  example  of  older  and  more  hardened  of- 
fenders. He  may  establish  and  maintain  such  schools  or  classes  for 
the  instruction  and  training  of  the  institution  under  his  charge,  as 
may  be  authorized  by  the  board  of  estimate  and  apportionment. 
And,  to  this  end,  the  commissioner  may  set  apart  one  or  more  of  the 
penal  institutions  for  the  custody  of  such  youthful  and  less  hardened 
offenders,  and  he  is  empowered,  in  his  discretion,  to  transfer  such 
offenders  thereto  and  from  any  other  of  the  penal  institutions  of  the 
city  and,  when  so  transferred,  to  classify  them  so  far  as  practicable 
with  regard  to  age,  nature  of  offense,  or  other  fact,  and  to  separate  or 
group  such  offenders  according  to  such  classification,  so  far  as  prac- 
ticable. (Charter,  §  698,  in  part.) 

§  2.  Libraries.— The  commissioner  is  empowered  to  set  aside  in  the 
city  prison,  and  in  any  other  place  in  which  persons  are  held  for 
infractions  of  the  law  pending  determination  by  a  court,  a  sufficient 
space  for  the  purposes  of  installing  a  library  for  the  inmates.  The 
commissioner  is  authorized  to  accept  contributions  of  books,  pam- 
phlets and  periodicals  from  persons  who  may  be  disposed  thus  to  aid 
in  the  betterment  and  welfare  of  the  inmates  of  institutions  of  the 
department.  All  such  contributions  shall  be  recorded  and  cat- 
alogued; an  account  thereof  shall  be  kept,  and  a  report  concerning 
the  same  shall  be  made  at  least  once  in  each  calendar  year.  (Ord. 
June  27,  1911.) 

§  3.  Employment. — Every  inmate  of  an  institution  under  the 
charge  of  the  commissioner,  whose  age  and  health  will  permit,  shall 
be  employed  in  quarrying  or  cutting  stone,  or  in  cultivating  land 
under  the  control  of  the  commissioner,  or  in  manufacturing  such 
articles  as  may  be  required  for  ordinary  use  in  the  institutions  under 


CORRECTIONS  171 

his  control,  or  for  the  use  of  any  department  of  the  city,  or  in  pre- 
paring and  building  sea  walls  upon  islands  or  other  places  belong- 
ing to  the  city,  upon  which  public  institutions  now  are  or  may  here- 
after be  erected,  or  in  public  works  carried  on  by  any  department 
of  the  city,  or  at  such  mechanical  or  other  labor  as  shall  be  found, 
upon  examination,  to  be  suited  to  the  capacity  of  the  individual. 
The  hours  of  labor  required  of  any  inmate  of  any  institution  shall 
be  fixed  by  the  commissioner.  The  articles  raised  or  manufactured 
by  such  labor  shall  be  subject  to  the  order  of  and  shall  be  placed 
under  the  control  of  the  commissioner,  and  shall  be  utilized  in  the 
institutions  under  his  charge  or  in  some  other  department  of  the 
city.  All  the  lands  under  the  jurisdiction  of  the  commissioner  not 
otherwise  occupied  or  utilized,  and  which  are  capable  of  cultivation, 
may  be  used  for  agricultural  purposes.  (Charter,  §  700,  parts  701, 
702.) 

§  4.  Manufacturing  fund.  In  accordance  with  subdivision  2  of 
§  23  of  article  2A  of  chapter  26  of  the  Laws  of  1909,  as  amended  by 
chapter  247  of  the  Laws  of  1913,  and  in  accordance  with  subdivision  19 
of  §  20  of  article  2A  of  the  same  law,  the  establishment  of  a  fund  to  be 
known  as  "Manufacturing  Fund,  Department  of  Correction,"  is  hereby 
authorized  and  the  Comptroller  is  authorized  and  directed  to  place  in 
such  fund  all  money  received  or  realized  through  the  sale  of  articles 
manufactured  by  the  department.  He  is  hereby  authorized  to  charge 
against  such  fund  any  voucher  received  from  the  department  for  the  pur- 
chase of  materials,  supplies  and  equipment  to  be  used  in  its  manufactur- 
ing industries.  The  Comptroller  is  hereby  further  authorized  and 
directed  to  transfer  to  the  general  fund  of  the  City,  at  the  end  of  each 
calendar  year,  any  sums  remaining  in  said  manufacturing  fund  in  excess 
of  $75,000. 

Adopted  April  20,  1920.    Approved  April  24,  1920. 

§  5.  Details  of  inmates  to  other  departments. — At  the  request  of  the 
heads  of  the  administrative  departments  of  the  city  (who  are  hereby 
empowered  to  make  such  request),  the  commissioner  may  detail 
and  designate  any  inmate  of  any  institution  in  his  charge  to  perform 
work,  labor  and  services  in  and  upon  the  grounds  and  building  or  in 
and  upon  any  public  work  or  improvement  under  the  charge  of  such 
other  department.  And  such  inmates,  when  so  employed,  shall  at 
all  times  be  under  the  personal  oversight  and  direction  of  a  keeper 
of  the  department  of  correction,  but  no  inmate  of  any  correctional 
institution  shall  be  employed  in  a  ward  of  any  hospital,  except 
hospitals  in  penal  institutions,  while  such  ward  is  being  used  for 
hospital  purposes.  The  provisions  of  this  ordinance  or  of  any  law 
requiring  advertisement  for  bids  or  proposals,  or  the  awarding  of 
contracts,  for  work  to  be  done  or  supplies  to  be  furnished  for  any  of 
said  departments,  shall  not  be  applicable  to  public  work  which  may 
be  done,  or  to  the  supplies  which  may  be  furnished  under  the  pro- 
visions of  the  prison  law.  (Charter,  §  701.) 

§  6.  Discipline. — In  case  any  person  confined  in  any  institution 
of  the  department  shall  neglect  or  refuse  to  perform  the  work  alloted 
to  him  by  the  officer  in  charge  of  such  institution,  or  shall  willfully 
violate  the  rules  and  regulations  established  by  the  commissioner, 
or  shall  resist  and  disobey  any  lawful  command,  or  in  case  any  such 
person  shall  offer  violence  to  any  prison  officer  or  to  any  other  pris- 


172  CODE    OF    ORDINANCES   OP   THE    CITY    OP    NEW    YORK 

oner,  or  shall  do  or  attempt  to  do  injury  to  such  institution  or  the 
appurtenances  thereof  or  any  property  therein,  or  shall  attempt  to 
escape,  or  shall  combine  with  any  one  or  more  persons  for  any  of  the 
aforesaid  purposes,  the  officers  of  such  institution  shall  use  all  suit- 
able means  to  defend  themselves,  to  enforce  discipline,  to  secure  the 
persons  of  the  offenders  and  to  prevent  any  such  attempt  to  escape, 
and  the  officer  in  charge  of  such  institution  in  which  such  person  is 
confined  shall  punish  him  by  solitary  confinement,  and  by  being 
fed  on  bread  and  water  only,  for  such  length  of  time  as  may  be 
considered  necessary;  but  no  other  form  of  punishment  shall  be 
imposed,  and  no  officer  of  any  such  institution  shall  inflict  any  blows 
whatever  upon  any  prisoner,  except  in  self-defence  or  to  suppress 
a  revolt  or  insurrection.  In  every  case  the  officer  imposing  such  pun- 
ishment shall  forthwith  report  the  same  to  the  commissioner  and 
notify  the  surgeon  of  the  institution.  Such  surgeon  shall  visit  the 
person  so  confined  and  examine  daily  into  the  state  of  his  health 
until  he  shall  be  released  from  solitary  confinement  and  return  to 
labor.  The  surgeon  shall  report  to  the  commissioner  and  to  the  officer 
in  charge  of  such  institution  whenever,  in  his  judgment,  the  health 
of  the  prisoner  shall  require  his  release.  (Charter,  §  702.) 

§  7.  Records. — The  commissioner  shall  keep  and  preserve  a  proper 
record  of  all  persons  who  shall  come  under  his  care  or  custody,  and 
of  the  disposition  of  each  such  person,  with  full  particulars  as  to 
the  name,  age,  sex,  color,  nativity  and  religious  faith  of  each,  to- 
gether with  a  statement  of  the  cause  and  length  of  detention  of  each 
such  person.  (Charter,  §  699.) 


DOCKS,  FERRIES  AND  HARBOR  CONTROL  173 

CHAPTER  8 
Docks,  Ferries  and  Harbor  Control 

Article  1.  General  provisions. 

2.  Apportionment  of  wharf  property. 

3.  Buildings  and  structures  on  waterfront  property. 

4.  Maintenance  of  wharf  property. 

5.  Discharge  and  storage  of  cargoes. 

6.  Wharfage  rates. 

7.  Ferries. 

8.  Protection  of  navigation. 


Sec.  1.  Definitions. 


ARTICLE  1 

GENERAL  PROVISIONS 


Sec.  1.  Definitions. — Wherever  used  in  this  chapter,  the  following 
terms  shall  respectively  be  deemed  to  mean: 

1.  Canal-boat,  a  vessel  built  for  navigating  the  canals  of  the  State, 
measuring  not  more  than  98  feet  in  length  nor  more  than  18  feet 
in  width  and  whose  registered  net  tonnage  does  not  exceed  150  tons. 
(Rule  of  Department.) 

2.  Day,  24  consecutive  hours  from  the  time  of  day  or  night  when 
a  vessel  is  berthed  at  a  pier  or  slip.    (Charter,  §  861.) 

ARTICLE  2 

APPORTIONMENT   OF   WHARF   PROPERTY 

Sec.  10.  City  purposes. 
§  11.  Floating  baths. 

12.  Recreation  piers. 

13.  Canal  boats. 

14.  Docks  for  garden  produce. 

15.  Oyster  and  other  shell  fish  traffic. 

16.  Powers  of  dock  masters;  penalty  for  refusing  to  obey  their 

directions. 

§  17.  Intrusion  of  other  vessels  into  canal  boat  territory. 
§  18.  Disobedience  of  orders  of  commissioner. 

Sec.  10.  City  purposes. — The  commissioner  of  docks  shall  desig- 
nate and  set  apart  suitable  and  sufficient  wharves,  piers,  bulkheads, 
slips  and  berths  in  slips  for  the  use  of  the  several  departments  of  the 
city.  (Charter,  §836.) 

§  11.  Floating  baths. — The  commissioner  shall,  upon  the  requisi- 
tion of  the  respective  borough  presidents,  furnish  free  of  charge, 
in  the  vicinity  of  such  locations  as  shall  be  designated  by  them,  ac- 


174  CODE    OF   ORDINANCES   OF  THE    CITY   OF   NEW    YORK 

cessible,  convenient  and  safe  berths  for  mooring  free  floating  baths. 
(Charter,  §  834.) 

§  12.  Recreation  piers. — The  commissioner  is  hereby  authorized 
to  set  apart,  from  time  to  time,  such  piers  as  he  shall  deem  necessary 
for  the  purpose  of  public  recreation  and  for  the  convenience  of  dealers 
in  country  produce  and  other  merchandise  transported  to  the  city 
for  sale.  He  is  hereby  authorized  to  construct  or  rebuild  the  piers 
set  apart  under  the  provisions  of  this  section,  in  such  manner  as 
shall  provide  a  deck  or  upper  story  thereon  and  the  necessary  ap- 
proaches thereto,  which  shall  be  wholly  free  to  the  public  for  recre- 
ational purposes  without  the  interference  of  business  occupations. 
The  lower  deck  or  street  level  floor  of  each  such  pier  shall  be  reserved 
for  the  use  of  boats  and  vessels  plying  upon  the  canals  and  tidal 
waters  of  the  state  and  bringing  merchandise  to  the  city  for  sale 
therein.  The  berthing  of  boats  at  such  piers  shall  be  under  the  con- 
trol of  the  commissioner,  but  order  shall  be  maintained  by  the  police 
department  in  and  around  the  portions  thereof  set  apart  for  recrea- 
tional purposes.  Except  as  herein  provided,  no  wharf  property 
shall  be  required  to  be  so  constructed  as  to  admit  of  its  free  use,  in 
whole  or  in  part,  for  the  purposes  of  public  resort  and  recreation. 
(Charter,  §  837,  revised.) 

§  13.  Canal  boats. — All  the  waterfront  property  commencing  at  the 
easterly  side  of  pier  new  No.  4  to  and  including  the  easterly  side  of 
pier  new  No.  7,  East  river,  and  all  the  part  of  the  waterfront  from 
and  including  the  north  side  of  the  pier  at  the  foot  of  West  51st 
street  to  and  including  the  southerly  side  of  the  pier  at  the  foot  of 
West  54th  street,  North  river,  shall,  from  the  twentieth  day  of  March 
to  the  thirty-first  day  of  December  in  each  year,  be  set  apart,  kept 
and  reserved  for  the  exclusive  use  and  accommodation  of  canal 
boats  and  barges  engaged  in  transporting  property  on  the  Hudson 
river,  or  coming  to  tide  water  from  the  canals  of  the  state,  and  for  the 
use  of  lighters  engaged  in  loading  or  unloading  such  boats  or  barges; 
and  the  commissioner  or  other  officers  aforesaid  shall  assign  such 
other  accommodations  for  canal  boats  and  barges,  in  other  parts 
of  the  port  of  New  York  as  may,  from  time  to  time,  be  necessary 
in  receiving  or  discharging  their  cargoes.  The  waterfront  property 
within  the  limits  hereinbefore  specified  shall  not  be  leased,  but  shall 
be  reserved  by  the  city  for  the  use  and  purposes  prescribed  in  this 
section.  During  the  time  specified  and  when  the  slips  and  wharves 
connected  therewith  shall  be  required  for  the  use  of  canal  boats  and 
barges,  the  commissioner,  and  all  officers  who  now  are  or  hereafter 
shall  be  empowered  by  law  or  ordinance  to  regulate  or  station  ships 
and  vessels  in  the  port  of  New  York,  shall  prohibit  and  prevent 
all  other  boats,  ships  or  vessels  from  entering  any  of  the  slips,  or 
approaching  or  lying  at  any  of  the  wharves  within  the  districts 
aforesaid.  (Charter,  §§  854,  854a,  865.) 

§  14.  Docks  for  garden  produce. — All  waterfront  property  on  the 
Hudson  river,  from  Gansevoort  to  Little  West  12th  street,  shall 
be  set  apart  oy  the  commissioner  for  the  use  of  boats,  barges  and 
other  vessels  engaged  in  the  business  of  transporting  farm  and  garden 
produce,  at  such  rates  of  wharfage  as  have  been  or  may  be  lawfully 
established,  and  the  commissioner  may,  from  time  to  time,  when 
any  of  such  waterfront  property  is  not  in  actual  use  for  the  purposes 


DOCKS,    FERRIES  AND   HARBOR   CONTROL  175 

above  mentioned,  designate  and  appropriate  the  same  for  any  public 
or  general  use;  provided  such  designation  or  appropriation  shall  be 
subject  at  any  time  to  revocation  by  the  commissioner.  (Charter, 
§  858.) 

§  15.  Oyster  and  other  shell  fish  traffic. — The  commissioner  may 
grant  permits  for  vessels  or  floating  structures,  engaged  in  the  oyster 
business  and  used  for  the  receipt,  preparation  and  opening  of  oysters 
and  other  shell  fish,  to  remain  continuously  moored  to  or  at  any 
waterfront  property,  not  otherwise  specifically  appropriated  by  law 
or  ordinance  to  the  sole  use  of  other  kinds  of  commerce,  upon  such 
terms  as  to  wharfage  and  otherwise,  and  subject  to  such  regulations 
as  the  commissioner  may  prescribe.  All  permits  so  granted  by  the 
commissioner  shall  be  subject  at  any  time  to  revocation  by  him. 
Upon  any  such  permit  being  granted,  the  person  receiving  the  same, 
shall  be  entitled  to  moor  such  vessels  or  floating  structures,  con- 
tinuously and  until  the  permit  shall  be  revoked,  to  or  at  the  dock, 
pier  or  bulkhead  designated  therein,  subject  to  the  terms  of  such 
permit;  provided,  however,  that,  where  the  city  is  not  the  owner  of 
the  dock,  pier  or  bulkhead  designated  in  such  permit,  the  consent 
of  the  owner  of  the  same,  or  of  the  person  or  persons  entitled  to 
collect  wharfage  therefrom,  shall  have  been  obtained.  (Charter, 
§  860.) 

§  16.  Powers  of  dock  masters;  penalty  for  refusing  to  obey  their 
directions. — Each  dock  master  shall  have  power,  within  the  district 
assigned  to  him,  subject  to  the  provisions  of  this  code  or  of  any 
statute: 

1.  To  provide  and  assign  suitable  accommodations  for  all  ships 
and  vessels,  and  regulate  them  in  the  stations  they  are  to  occupy  at 
waterfront  property; 

2.  To  remove  from  time  to  time  such  vessels  as  are  not  employed 
in  receiving  or  discharging  cargoes,  to  make  room  for  such  others  as 
require  to  be  more  immediately  accommodated  for  the  purpose  of 
receiving  or  discharging  cargoes; 

3.  To  determine  as  to  the  fact  of  such  vessels  being,  fairly  and  in 
good  faith,  employed  in  receiving  and  discharging  cargoes; 

4.  To  determine  how  far  and  in  what  instance  the  master  and 
others  having  charge  of  ships  and  vessels  shall  accommodate  each 
other  in  their  respective  situations. 

Any  master  or  other  person,  having  charge  of  any  vessel,  canal 
boat,  barge  or  lighter,  who  shall  refuse  or  neglect  to  move  the  same 
when  ordered  to  do  so  by  a  dock  master,  or  who  shall  resist  or  for- 
cibly oppose  said  officer  in  the  discharge  of  his  duties,  shall,  for 
every  such  offense,  forfeit  and  pay  the  sum  of  $50,  to  be  recovered 
with  costs  of  suit,  by  and  in  the  name  of  the  department  of  docks 
and  ferries.  (Charter,  §  867.) 

§  17.  Intrusion  of  other  vessels  into  canal  boat  territory. — When- 
ever any  portion  of  the  waterfront  property  mentioned  in  section 
13  of  this  chapter  shall  be  occupied  by  any  ship  or  vessel,  not  entitled 
to  occupy  the  same  according  to  the  provisions  of  that  section,  and 
the  proprietor  or  person  in  charge  of  any  canal  boat  or  barge  specified 
in  said  section,  shall  desire  to  use  the  berth  or  slip  occupied  by  such 
ship  or  vessel,  the  commissioner,  upon  the  request  of  the  proprietor, 
consignee  or  person  in  charge  of  said  canal  boat  or  barge,  shall  forth- 


176  CODE    OP   ORDINANCES   OF  THE   CITY   OF  NEW  YORK 

with  remove  such  ship  or  vessel,  as  far  as  may  be  necessary  to  ac- 
commodate the  canal  boat  or  barge.  If  the  commissioner,  upon 
such  request,  shall  neglect  or  refuse  to  comply  with  the  same  he  shall, 
for  each  such  neglect  or  refusal,  forfeit  and  pay  to  the  proprietor 
of  the  canal  boat  or  barge,  the  sum  of  $50,  to  be  sued  for  and  re- 
covered by  and  in  the  name  of  such  proprietor,  for  his  use  and  benefit, 
hi  any  court  of  competent  jurisdiction.  (Charter,  §  856.) 

§  18.  Disobedience  of  orders  of  commissioner. — Any  person,  in 
command  or  in  charge  of  any  vessel,  who  shall  neglect  or  refuse  to 
comply  with  any  lawful  order  or  direction  of  the  commissioner  in 
reference  to  the  removal  of  any  vessel,  or  who  shall  resist  or  obstruct 
the  removal  of  the  same,  shall,  upon  conviction  thereof,  be  punished 
by  a  fine  of  not  more  than  $100,  or  by  imprisonment  not  exceeding 
10  days  or  by  both  such  fine  and  imprisonment.  (Charter,  §  857, 
changed.) 

ARTICLE  3 

BUILDINGS   AND    STRUCTURES   ON   WHARF   PROPERTY 

Sec.  30.  Improvement  of  waterfront  property;  permit  required. 

31.  Sheds  on  piers. 

32.  Platforms  for  fish  trade. 

33.  Opening  asphalt  pavement  on  waterfront  property. 

34.  Floating  docks. 

35.  Violations. 

Sec.  30.  Improvement  of  waterfront  property;  permit  required. — No 
shed,  bililding,  office,  tally-house,  booth,  platform  or  stand  shall  be 
erected,  nor  shall  any  derrick,  hoisting-mast,  coal-hopper,  sign  or 
advertising  device,  or  obstruction  of  any  kind  be  placed  or  main- 
tained on  any  waterfront  property,  and  no  piles  shall  be  driven,  nor 
shall  any  filling-in  or  construction,  repairs,  alterations,  removals, 
dredging  or  demolitions  of  any  kind  be  made,  on  any  part  of  the 
waterfront  of  the  city,  without  a  written  permit  therefor  being  first 
had  and  obtained  from  the  commissioner.  (Rules  1  and  2.) 

§31.  Sheds  on  piers. — Whenever  any  person  shall  be  owner  or 
lessee  of  any  pier  or  bulkhead,  and  shall  use  and  employ  the  same 
for  the  purpose  of  regularly  receiving  and  discharging  cargo  thereat, 
such  owner  or  such  lessee,  with  the  consent  of  the  lessor,  may  erect 
and  maintain,  upon  such  pier  or  bulkhead,  sheds  for  the  protection  of 
property  so  received  or  discharged;  provided  they  shall  have  ob- 
tained from  the  commissioner  a  permit  or  license  to  erect  or  main- 
tain the  same,  subject  to  the  conditions  and  restrictions  contained  in 
such  permit  or  license;  but,  when  such  permit  or  license  has  been 
granted  and  has  been  acted  upon,  it  shall  not  be  revoked  by  the  com- 
missioner without  the  consent  in  writing  of  the  mayor  and  of  the 
commissioners  of  the  sinking  fund,  after  due  hearing  of  such  licensee. 
All  sheds  or  structures  erected  or  maintained  upon  any  wharf  or  pier 
under  any  permit  or  license  heretofore  granted  by  the  department, 
or  hereafter  erected  or  maintained  upon  any  wharf  or  pier  under  any 
permit  or  license  granted  by  the  commissioner,  are  declared  to  be 
lawful  structures,  subject  to  the  terms  and  conditions  of  the  permit 


DOCKS,  PERRIES  AND  HARBOR  CONTROL  177 

or  license  authorizing  the  same.  Hereafter,  such  sheds  shall  be  con- 
structed subject  to  the  regulations  and  under  the  authority  of  the 
commissioner.  Any  owner  or  lessee  of  a  pier,  or  of  a  pier  or  bulk- 
head, or  a  part  thereof,  in  respect  of  which  the  commissioner  shall 
have  granted  such  a  permit  or  license,  shall  be  entitled  to  the  use  of 
the  premises  so  owned  or  leased  by  them  and  no  vessel  shall  be 
placed  hi  any  berth  on  such  pier,  or  bulkhead,  or  part  thereof, 
without  the  consent  of  such  owner  or  lessee,  during  the  contin- 
uance of  his  permit  or  license.  The  commissioner  shall  have  power 
to  build  sheds  or  structures  on  any  wharf  or  bulkhead  belonging 
to  the  city,  with  full  authority  to  lease  the  same;  and  any  lessee 
thereof  shall  have  all  the  rights  and  privileges  above  granted. 
(Charter,  §  844.) 

§  32.  Platforms  for  fish  trade. — The  lessee  of  any  waterfront  prop- 
erty, to  whom  lease  has  been  or  may  hereafter  be  granted  for  the 
use  of  the  wholesale  fish  trade,  may  erect  and  maintain  thereon,  dur- 
ing the  terms  of  any  such  lease  or  any  renewal  thereof,  such  plat- 
forms, sheds,  stands  or  other  structures  suitable  to  the  business 
of  the  wholesale  fish  trade  as  may  be  approved  by  the  commissioner. 
(Charter,  §871.) 

§  33.  Opening  asphalt  pavements  on  waterfront  property.  1.  Appli- 
cations.— Applications  to  open  asphalt  pavement  under  the  control 
of  the  department  must  be  made  to  the  commissioner.  They  shall  be 
accompanied  by  an  agreement  from  the  company  which  has  the  con- 
tract for  the  maintenance  of  the  pavement,  if  any,  to  relay  it  at  the 
expense  of  the  permittee. 

2.  Bond.     The  permittee  shall  give  a  bond,  to  be  approved  by  the 
commissioner  and  conditioned  to  indemnify  and  save  harmless  the 
city,  its  officers,  agents  and  servants,  against  and  from  all  damages, 
cost  and  expense  which  they  may  suffer  or  to  which  they  may  be  put, 
by  reason  of  injury  to  the  person  or  property  of  another,  resulting 
from  carelessness  or  negligence  on  the  part  of  the  permittee  and  his 
agents. 

3.  Conduct  of  work.    Work  under  the  permit  shall  be  commenced 
within  10  days  after  the  date  of  issue,  and  the  permit  shall  be  void 
at  the  end  of  that  time,  unless  reissued.     The  permit  shall  be  left 
during  the  whole  time  of  construction  in  charge  of  the  foreman  at  the 
work.    The  department  of  health  shall  be  notified  by  the  permittee  of 
the  time  and  place  of  making  the  excavation,  in  order  that  the 
premises  may  be  disinfected.    All  work  under  such  permit  shall  be 
wholly  at  the  expense  of  the  permittee  and  shall  be  so  conducted  as 
to  cause  the  least  possible  inconvenience  to  public  travel,  residents 
and  private  businesses.    It  shall  be  done  so  as  not  to  interfere  with 
the  telegraph,  telephone,  electric  light  and  other  subways,  water 
mains  or  service  connections,  gas  or  other  pipes,  nor  with  sewers  or 
house  connections.    All  rock  within  5  feet  of  a  water,  gas  or  pipe 
main  shall  be  removed  without  blasting.    All  snow  and  ice  upon  the 
pavements  within  5  feet  upon  either  side  of  the  opening  shall  be 
removed  within  24  hours  after  it  falls  or  forms.    The  trench,  after  the 
main  is  laid,  shall  be  filled  with  clean  earth,  well  rammed  down  as 
put  in. 

4.  Weather  delays.     Whenever  in  consequence  of  the  weather  or 
any  process  of  law,  or  other  unexpected  obstacle,  the  work  shall  be 


178  CODE    OP   ORDINANCES   OF   THE    CITY   OF   NEW    YORK 

stopped  for  so  long  a  time  that  public  travel  shall  be  obstructed,  the 
trench  shall  be  refilled  and  repaved  as  if  the  work  contemplated  in 
the  permit  was  actually  completed. 

5.  Laws  and  ordinances  to  be  complied  with.     All  work  done  under 
the  permit  shall  be  performed  in  accordance  with  the  requirements  of 
the  commissioner,  and  in  strict  compliance  with  all  applicable  laws 
and  ordinances,  and  the  rules  and  regulations  of  the  city  departments 
established  for  the  purpose  of  enforcing  them. 

6.  Restoration  of  pavement.     When  the  pavement  opened  consists 
of  stone  blocks,  the  work  of  restoring  same  shall  be  begun  within  24 
hours  after  notice  from  the  commissioner  so  to  do,  and  completed  as 
rapidly  as  possible  to  the  satisfaction  of  the  commissioner,  and  in 
case  of  failure  to  so  commence  and  complete  the  work  it  may  be  done 
by  the  commissioner  hi  such  manner  as  he  deems  proper  and  to  his 
satisfaction,  and  the  permittee  shall  agree  to  pay  the  cost  of  restoring 
same  as  shown  by  the  books  and  accounts  of  the  department  of 
docks  and  ferries.     Where  the  pavement  opened  is  asphalt  the 
permittee  shall  agree  to  send  an  order  to  the  asphalt  company  which 
has  the  contract  for  the  maintenance  thereof  to  re-lay  it  at  the  ex- 
pense of  the  permittee  and  to  send  a  duplicate  copy  of  the  order  to 
the  chief  engineer  of  the  department.    It  shall  also  agree  to  pay  the 
cost  of  such  relaying  and  the  cost  of  inspecting  the  work  by  the 
department. 

7.  Revocation  of  permit.     The  commissioner  shall  have  the  right 
to  revoke  the  permit  at  any  time.     (Rule  13,  rearranged.) 

§  34.  Floating  docks. — Floating  docks  may  be  used,  with  the  con- 
sent of  the  owners  of  the  piers  or  bulkheads,  respectively,  occupied 
for  such  use,  or  of  the  persons  entitled  to  collect  wharfage  for  such 
piers  or  bulkheads,  for  the  purpose  of  taking  up  ships  or  vessels  for 
repair,  coppering  or  finishing;  subject  to  the  provisions  of  all  statutes 
and  ordinances  regulating  the  use  of  the  slips,  piers  and  wharves 
of  the  city.  (Charter,  §  870.) 

§  35.  Violations. — Any  owner,  lessee,  occupant  or  agent  of  any 
waterfront  property  who  shall  place  or  permit  the  erection,  placing 
or  maintaining  of  any  erection  or  any  structure,  for  which  permit  has 
not  been  duly  obtained  from  the  commissioner,  shall  forfeit  and  pay 
a  penalty  of  $100,  in  addition  to  all  damages  for  each  arid  every 
violation  of  any  provision  of  this  article;  and  there  shall  be  a  further 
penalty  of  $25  a  day  for  each  and  every  day  which  shall  elapse  until 
any  such  erection  or  structure  so  placed  shall  be  removed,  after  the 
expiration  of  the  time,  specified  in  any  notice  for  the  removal  thereof 
has  been  served  upon  such  owner,  lessee,  occupant  or  agent.  (Char- 
ter §  827.) 

ARTICLE  4 

MAINTENANCE  OF  WHARF  PROPERTY 


Sec.  50.  Cleaning,  repairing  and  dredging  waterfront  property. 
§  51.  Overloading  waterfront  property. 
§  52.  Obstruction  by  goods,  merchandise  and  materials. 
§  53.  Vehicular  obstructions. 
§  54.  Removal  of  incumbrances  and  obstructions. 


DOCKS,  FERRIES  AND  HARBOR  CONTROL          179 

§  55.  Sale  of  seized  merchandise,  vehicles,  etc. 
§  56.  Public  hacks. 
§  57.  Violations. 

Sec.  50.  Cleaning,  repairing  and  dredging  waterfront  property. — 
The  owner,  lessee  and  occupant  of  any  waterfront  property  shall 
keep  the  same  cleaned  and  in  repair,  and  he  shall  keep  the  slips 
adjacent  thereto  properly  dredged.  Whenever,  in  the  judgment  of 
the  commissioner,  it  shall  be  necessary  so  to  do,  written  notices  shall 
be  served  upon  the  owner,  lessee  or  occupant  of  any  pier,  wharf 
or  bulkhead,  or  the  slip  adjoining  the  same,  on  or  in  which  cleaning, 
repairs  or  dredging  are  required,  specifying  the  nature  and  extent 
of  the  requirement  and  the  time  within  which  it  must  be  done. 
(Rule  14.) 

§  51.  Overloading  wharf  property. — No  cargo,  goods  or  merchandise 
shall  be  discharged  from  any  vessel  upon  any  pier,  bulkhead,  wharf 
structure  or  marginal  street,  wharf  or  place,  at  which  such  vessel 
is  being  unladen,  after  a  departmental  notice  has  been  served  upon 
the  owner,  consignee,  master  or  other  officer  of  such  vessel,  or  steve- 
dore, that  the  same  will  be  endangered  by  the  placing  of  such  cargo, 
goods  or  merchandise  thereon.  No  additional  cargo,  goods  or  mer- 
chandise shall  be  stored  upon  a  marginal  street,  wharf  or  place  after 
a  departmental  notice  has  been  served  upon  the  owner,  consignee, 
agent  or  representative  of  such  owner  or  consignee  of  such  cargo, 
goods  or  merchandise,  that  such  marginal  street,  wharf  or  place, 
or  the  pavement  and  surface  thereof,  will  be  endangered  by  an  ad- 
ditional burden.  In  order  that  the  surface  of  pavement  and  cover 
plates  of  the  marginal  streets,  wharves  and  places  shall  not  be  dam- 
aged, cargo,  goods  or  merchandise  in  excess  of  12  tons  shall  not  be 
transferred  on  any  truck  upon  or  over  any  marginal  street,  wharf  or 
place,  except  by  special  license  or  permission  of  the  commissioner; 
nor  shall  cargo,  goods  or  merchandise  be  stored  or  stacked  upon 
any  marginal  street,  wharf  or  place  in  excess  of  1,000  pounds  per 
square  foot,  except  by  special  license  or  permission  of  the  commis- 
sioner, and  in  such  manner  and  method  as  he  may  direct.  (Rule  3.) 

§  52.  Obstruction  by  goods,  merchandise  and  materials.  1.  In 
sheds. — The  lessees  or  occupants  of  any  waterfront  property  which 
has  been  covered  in  whole  or  in  part  with  a  shed,  shall  not  allow 
goods,  merchandise,  cargo  or  material  of  any  land  to  be  discharged 
thereat  or  placed  thereon,  to  remain  upon  the  part  thus  shedded 
for  a  period  longer  than  .5  days,  without  the  written  permission  of 
the  commissioner.  (Rule  9.) 

2.  Generally.    Except  as  otherwise  provided  in  this  section,  all 
goods,  merchandise  and  materials  of  every  kind,  landed  or  placed 
on  any  waterfront  property,  must  be  removed  therefrom  within  24 
hours.    After  a  departmental  notice  has  been  served  upon  the  owner, 
shipper  or  consignee  of  any  cargo,  to  remove  the  same,  a  penalty  of 
$25  shall  be  paid  for  each  and  every  day  during  which  any  part  of 
such  goods,  merchandise  or  material  shall  remain  upon  such  water- 
front property,  after  the  expiration  of  said  24  hours,  to  be  recovered 
from  such  owner,  shipper  or  consignee,  severally  and  respectively. 

3.  Removal  and  storage  by  department.     All  goods,  merchandise 
and  materials  of  every  kind  incumbering  any  waterfront  property. 


180  CODE   OF   ORDINANCES  OP  THE   CITY   OP  NEW  YORK 

after  the  time  designated  for  the  removal  thereof  shall  have  expired, 
shall  be  liable  to  be  removed  by  the  commissioner  to  any  warehouse 
or  yard,  at  the  sole  risk  and  expense  of  the  owner  or  consignee  of  any 
such  goods,  merchandise  or  materials,  and  all  expense  incurred  for 
such  removal  and  storage,  or  otherwise,  shall  be  and  become  a  lien 
thereon,  and  they  shall  not  be  delivered  to  the  owner  or  consignee 
until  the  same  has  been  paid.  (Rules  4  and  9.) 

§  53.  Vehicular  obstructions. — No  unharnessed  truck,  cart,  wagon 
or  vehicle  of  any  description  shall  be  placed  or  left  at  any  time  on 
any  marginal  street,  wharf,  or  place,  or  on  any  bulkhead,  pier  or 
reclaimed  land,  within  the  charge  and  control  of  the  department, 
under  a  penalty  of  $3,  to  be  recovered  from  the  owner  thereof.  Any 
unharnessed  truck,  cart,  wagon  or  vehicle  of  any  description  placed 
or  left  on  any  marginal  street,  wharf  or  place  or  on  any  bulkhead, 
pier  or  reclaimed  land,  under  the  charge  and  control  of  the  depart- 
ment shall  be  removed  by  a  person  and  to  a  place  to  be  designated  by 
the  commissioner,  and  an  additional  charge  of  not  less  than  50  cents 
per  day,  for  storage,  shall  be  and  become  a  lien  thereon,  and  such  un- 
harnessed truck,  cart,  wagon  or  vehicle  shall  not  be  delivered  to  the 
owner,  until  said  fine  and  storage  charge  shall  have  been  paid. 
(Rule  10.) 

§  54.  Removal  of  incumbrances  and  obstructions. — Whenever  any 
wharf,  pier,  bulkhead  or  marginal  street,  shall  be  incumbered,  or  its 
use  interfered  with  by  merchandise,  lumber,  trucks,  wagons  or  any 
other  obstruction,  whether  of  loose  materials  or  structures  built 
upon  or  affixed  to  such  waterfront  property  without  authority  of 
law,  the  commissioner  shall  notify  the  person  placing  or  keeping 
such  merchandise  or  other  obstruction  thereon  to  remove  the  same, 
within  24  hours  after  such  notice.  Whenever  the  commissioner 
shall  make  any  order  or  give  any  direction  in  pursuance  of  the  power 
conferred  by  this  section,  the  owner,  consignee  or  person  in  charge 
of  the  merchandise,  property,  or  vessel  in  reference  to  which  such 
order  or  direction  is  given,  shall  comply  with  the  same  without  un- 
reasonable delay,  or,  in  default  thereof,  the  commissioner  may  em- 
ploy such  laborers  and  assistance  as  may  be  necessary  to  carry  out 
such  order  or  direction,  by  the  removal  of  the  material,  merchandise, 
or  vessel  in  reference  to  which  the  same  was  given.  All  expenses, 
actually  and  necessarily  incurred  in  effecting  such  removal,  shall 
be  paid  by  the  owner,  consignee,  or  person  in  charge  of  the  material, 
merchandise,  or  vessel  so  removed,  and  the  amount  thereof  shall  be 
a  lien  upon  the  same,  in  favor  of  the  department,  which  may  be 
enforced  by  proceedings  instituted  by  and  in  its  name,  according 
to  the  provisions  of  laws  concerning  attachments  against  vessels. 
The  commissioner  shall,  for  the  purposes  of  this  section,  be  deemed 
a  creditor  of  such  owner,  consignee  or  person  in  charge,  and  each 
of  them,  for  the  amount  of  the  expenses  so  incurred  and  may  have 
and  maintain  an  action  against  them  or  either  of  them,  to  recover 
the  same.  (Charter,  §§  849,  850,  851,  abridged.) 

§  55.  Sale  of  seized  merchandise,  vehicles,  etc. — During  the  months 
of  January  and  July  in  each  year,  the  commissioner  shall  advertise 
for  1  week,  in  the  City  Record,  the  merchandise,  lumber,  trucks, 
wagons  or  other  incumbrances  and  obstructions  which  have  been 
so  stored  and  which  have  remained  unclaimed,  setting  forth  the 


DOCKS,  FERRIES  AND  HARBOR  CONTROL  181 

marks  and  numbers  thereon,  the  descriptions  thereof  and  the  desig- 
nation of  the  waterfront  property  from  whence  the  same  was  re- 
moved and  the  date  of  such  removal.  If  any  of  such  merchandise, 
material  or  vehicle  so  advertised  shall  remain  thereafter  unclaimed 
for  3  months,  the  commissioner  may  then  sell  the  same,  after  further 
advertisement  for  1  week  in  the  City  Record,  at  public  auction  to 
the  highest  bidder.  The  proceeds  of  such  sale  shall  be  used  to  pay 
the  expenses  of  the  removal,  storage  and  sale  of  such  incumbrances 
or  obstructions,  and  any  balance  thereof  shall  be  held  in  trust  by 
the  commissioner  for  the  owner  or  owners  thereof,  for  12  months, 
when,  if  not  claimed,  it  shall  be  paid  over  to  the  commissioners  of 
the  sinking  fund.  (Charter,  §§  849-851.) 

§  56.  Public  hacks. — No  public  hack  or  other  vehicle  shall  stand 
or  be  allowed  on  any  pier  for  the  purpose  of  carrying  passengers 
for  hire  from  the  pier,  over  the  streets  of  the  city  without  a  permit. 
(Rule  adopted  1914.) 

§  57.  Violations. — Any  person  violating  any  provision  of  this 
article,  or  neglecting  or  refusing  to  comply  with  any  order  of  the 
commissioner,  made  thereunder,  shall,  except  as  otherwise  provided 
in  this  article,  pay  a  penalty  of  $100  for  each  such  violation  or  neglect 
or  refusal  to  comply  with  such  order,  and  the  offender  shall  pay  a 
further  penalty  of  $25  for  each  day  such  violation  or  neglect  or  re- 
fusal to  comply  with  the  order  shall  continue.  (Charter  §  927.) 


ARTICLE  5 

DISCHARGE   AND   STORAGE   OP  CARGOES 

Sec.  60.  Jurisdiction  of  commissioner. 
§  61.  Manner  of  discharging  cargo. 
§  62.  Manure  and  other  offensive  refuse. 
§  63.  Inflammable  material. 
§  64.  Building  material. 

Sec.  60.  Jurisdiction  of  commissioner. — The  commissioner  shall 
have  power,  from  time  to  time,  to  make  such  general  rules  and  regula- 
tions and  give  such  directions  as  will  secure  dispatch  in  loading  and 
unloading  vessels,  and  the  prompt  removal  of  the  same  from  the 
piers  as  soon  as  completed,  and  also  such  as  shall  be  necessary  to 
prevent  any  unnecessary  accumulation  of  freight  or  merchandise 
upon  any  pier  or  wharf,  while  any  vessel  shall  be  engaged  in  receiv- 
ing or  discharging  her  cargo;  provided,  however,  that  this  power 
shall  not  be  exercised  in  reference  to  any  obstruction  or  incumbrance 
upon  any  pier  or  wharf  occupied  by  any  regular  line  of  steamboats 
or  steamships,  or  by  any  railroad  company,  except  upon  the  written 
request  of  the  occupant  or  lessee  of  such  pier  or  wharf.  (Charter, 
§849.) 

§  61.  Manner  of  discharging  cargoes.  1.  Sand  and  gravel. — No 
sand,  gravel  or  similar  material  shall  be  discharged  from  or  loaded 
into  any  vessel,  unless  canvas  or  similar  material  be  extended  from 
the  vessel's  side  to  the  bulkhead  or  wharf  structure  at  which  such 
vessel  is  being  unladen,  to  prevent  the  falling  of  the  sand  into  the 


182  CODE   OP  ORDINANCES  OF  THE   CITY   OP  NEW  YORK 

water;  and,  if  the  surface  of  any  of  such  wharf  structures  is  not 
sufficiently  tight  to  prevent  the  sand  dumped  thereon  from  going 
through  into  the  water,  then  no  sand  shall  be  discharged  thereon 
from  any  vessel,  unless  canvas  or  similar  material  shall  be  first  laid 
thereon  to  receive  the  sand. 

2.  Use  of  horses.     No  vessel  of  any  kind  shall  be  loaded  or  dis- 
charged by  horsepower,   unless  proper  planking  be  provided  to 
protect  the  surface  of  such  pier,  bulkhead  or  wharf  structure  from 
injury,  consequent  upon  the  travel  of  the  horse,  or  the  unloading  of 
stones  or  similar  cargo  thereupon,  under  a  penalty  of  $25  for  each 
offense,  to  be  recovered  from  the  owner,  consignee  or  master  of  any 
such  vessel,  or  stevedore,  severally  and  respectively. 

3.  Lumber  and  brick.     All  lumber,  brick  or  other  material  in  bulk, 
discharged  on  any  bulkhead,  must  be  placed  at  least  20  feet  from 
the  edge  of  the  bulkhead,  pending  removal.    (Rule  5.) 

§  62.  Manure  and  other  offensive  refuse. — No  manure,  cellar  dirt, 
garbage,  offal,  dead  animals,  or  refuse  of  any  kind  shall  be  received 
or  delivered  at  any  pier,  bulkhead  or  reclaimed  land,  or  placed 
thereon,  without  the  special  permit  of  the  commissioner.  (Rule  6.) 

§  63.  Inflammable  material. — The  loading,  discharging  or  keeping 
on  any  wharf,  pier  or  bulkhead  or  any  lighter,  barge  or  other  craft 
moored  to  any  wharf,  pier,  or  bulkhead  in  the  city,  of  cotton,  tur- 
pentine, rosin,  hay,  straw  or  other  inflammable  material  deemed 
extra  hazardous  in  the  standard  policy  of  fire  insurance  in  use  in 
the  State  of  New  York,  or  any  explosive,  shall  not  be  permitted, 
unless  the  same  is  covered  with  tarpaulins,  or  other  more  permanent 
or  substantial  material.  (Rule  5.) 

§  64.  Building  material. — No  brick,  sand,  gravel  or  similar  ma- 
terial shall  be  unloaded  on  any  wharf  property,  unless  a  permit 
therefor  shall  be  issued  by  the  superintendent  of  docks,  and  no  such 
material  shall  be  unloaded  on  unleased  city  property  unless  an 
application  shall  be  submitted  to  the  superintendent,  accompanied 
by  a  receipt  from  dock  master  for  $12.50,  specifying  the  name  of  the 
vessel  from  which  the  cargo  is  to  be  unloaded,  and  a  permit  issued 
therefor  by  the  superintendent.  At  the  expiration  of  10  days  from 
the  date  of  said  permit,  if  any  portion  of  said  cargo  remains,  a  similar 
application,  accompanied  by  a  receipt  for  $12.50,  additional,  shall 
be  submitted,  as  in  the  first  instance.  No  vessel  carrying  such 
material  or  cargo  shall  be  allowed  to  occupy  a  berth  for  a  period 
longer  than  5  days,  when  said  berth  is  required  by  another  vessel. 
City  wharf  property  under  permit  shall  be  deemed  leased  property, 
within  the  meaning  of  this  section.  (Rule  11.) 


ARTICLE  6 

WHARFAGE    RATES 

Sec.  80.  General  traffic. 

§  81.  State  traffic. 

§82.  Local  traffic. 

§  83.  Vessels  carrying  shellfish. 

§  84.  Floating  structures;  grain  elevators. 


DOCKS,  FERRIES  AND  HARBOR  CONTROL  183 

§  85.  Canal  boats  and  brick  carriers. 

§  86.  Coal  hoists  and  derrick  scows. 

§  87.  Dump  scows. 

§  88.  Berthing  fees. 

§  89.  Payment  of  wharfage. 

§  90.  Top-wharfage. 

§  91.  Rates  to  be  printed  on  wharfage  bills;  overcharges. 

Sec.  80.  General  traffic. — Except  as  otherwise  provided  hi  this  arti- 
cle, wharfage  and  dockage  shall  be  charged  for  each  day,  or  part  of 
day,  a  ship  or  vessel  shall  use  or  be  made  fast  to  any  dock,  pier, 
wharf  or  bulkhead,  or  shall  make  fast  to  any  vessel  lying  at  any 
such  waterfront  property,  or  to  any  other  vessel  lying  outside  thereof 
and  made  fast  thereto,  at  the  following  rates: 

For  each  vessel  of  200  tons  burden  and  under,  2c.(per  ton;  and 
for  each  vessel  over  200  tons  burden,  2c.  per  ton  for  each  of  the 
first  200  tons  burden  and  3^2  of  Ic.  per  ton  for  every  additional  ton. 
(Charter,  §  859,  in  part.) 

§  81.  State  traffic. — Vessels  known  as  North  River  barges,  market 
boats  and  sloops,  employed  upon  the  waters  of  this  state,  and  schoon- 
ers, exclusively  employed  upon  such  waters,  shall  pay  wharfage  or 
dockage  for  each  day  or  part  of  a  day,  at  the  following  rates: 

Under  50  tons  burden $0.50 

50  tons,  and  under  100 62^ 

100  tons,  and  under  150 75 

150  tons,  and  under  200 873^ 

200  tons,  and  under  250 1.00 

250  tons,  and  under  300 

300  tons,  and  under  350 1.25 

350  tons,  and  under  400 1.373/6 

400  tons,  and  under  450 1.50 

450  tons,  and  under  500 1.62^ 

500  tons,  and  under  550 1.75 

550  tons,  and  under  600 1.873/6 

600  tons  and  upward,  $1.873^  per  50  tons  in  excess  of  600  tons. 
(Charter,  859,  in  part.) 

§82.  Local  traffic. — Lighters  and  barges  employed  in  lightering 
freight  in  the  port  of  New  York  shall  pay  wharfage  and  dockage  at 
the  rate  of  Ic.  per  running  foot,  actual  linear  measurement,  along 
the  side  of  the  vessel.  (Charter,  §  859,  in  part.) 

§  83.  Vessels  carrying  shellfish. — Vessels  of  200  tons  burden  and 
under,  which  shall  be  actually  engaged  in  carrying  oysters  or  other 
shellfish,  and  which  make  fast  to  any  waterfront  property  shall 
pay  wharfage  and  dockage  at  the  rate  of  1 H0-  per  ton  each  day,  and 
every  such  vessel  which  shall  make  fast  to  another  vessel  lying  at 
any  waterfront  property,  or  to  any  vessel  lying  outside  of  such  vessel, 
or  that  shall  anchor  within  any  slip  or  basin,  shall  pay  Ic.  per  ton 
per  day;  provided,  that  no  vessel  shall  pay  less  than  25c.,  nor  less 
than  1  day's  wharfage,  nor  shall  more  than  1  day's  wharfage  be 
charged  unless  for  a  continuous  use  of  the  pier,  wharf,  bulkhead, 
slip  or  basin  of  more  than  24  hours.  (Charter,  §  860.) 

§  84.  Floating  structures;  grain  elevators. — Every  vessel  or  floating 


184  CODE    OF    ORDINANCES   OF   THE    CITY    OF   NEW   YORK 

structure,  other  than  those  above  named,  used  for  transportation  of 
freight  or  passengers,  shall  pay  double  the  first  rate  prescribed  in 
§  80  of  this  article;  except  that  floating  grain  elevators  shall  pay 
one-half  of  such  rate.  (Charter,  §  859.) 

§  85.  Canal  boats  and  brick  carriers. — Every  canal  boat  and  every 
vessel  engaged  hi  freighting  brick  on  the  Hudson  river,  occupying  a 
berth  next  to  any  waterfront  property  and  engaged  in  delivering 
cargo  upon  said  pier,  wharf,  or  bulkhead,  or  receiving  cargo  there- 
from, shall  pay  wharfage  at  the  rate  of  50c.  for  every  day  or  part  of  a 
day  while  so  engaged;  but,  when  unloaded,  such  canal  boats  or  ves- 
sels shall  pay  wharfage  at  the  rate  of  30c.  per  day  or  part  thereof; 
provided  no  canal  boat  or  vessel,  lying  in  any  slip  between  two 
adjacent  piers,  shall  be  required  to  pay  full  wharfage  to  the  owners 
or  lessee  of  both  such  piers  for  the  same  day,  notwithstanding  she 
may,  during  said  day,  have  changed  her  location  between  the  piers; 
but  she  shall 'pay  one-half  rates  to  each  owner  or  lessee  in  such  case. 
(Charter,  §861.) 

§  86.  Coal  hoists  and  derrick  scows. — Coal  hoists  on  scows  or  floats 
and  vessels,  loading  or  unloading  derrick  stone,  old  paving  blocks 
and  asphalt  from  street  surfaces,  shall  pay  $1.00  per  day  for  derrick 
scow;  $1.00  per  day  for  boat  lying  next  to  a  dock  or  next  to  a  derrick, 
and  regular  wharfage  for  any  additional  boats.  Derrick  scows 
occupying  berth  without  scows  or  other  vessels,  $2.00  per  day. 
(Rule.)  ' 

§  87.  Dump  scows. — Vessels  loading  or  unloading  ashes  or  similar 
material  shall  pay  wharfage  or  dockage  at  the  rate  of  Ic.  per  day  per 
running  foot.  (Rule.) 

§  88.  Berthing  fees. — Every  vessel  making  fast  to  a  vessel  at  any 
pier,  wharf,  or  bulkhead,  or  to  another  vessel  outside  of  such  vessel, 
or  at  an  anchor  within  any  slip  or  basin,  when  not  receiving  or  dis- 
charging cargo  or  ballast,  shall  pay  one-half  of  rates  provided  for 
vessels  of  her  class  in  the  preceding  sections  of  this  article.  (Charter, 
§  859,  in  part.) 

§  89.  Payment  of  wharfage. — Dock  masters  must  collect  in  cash 
any  and  all  wharfage  daily  except  in  cases  where  a  credit  account  has 
been  opened  by  consent  of  the  commissioner.  Payment  for  wharf- 
age, by  those  having  credit  accounts,  must  be  made  direct  to  the 
casnier  of  the  department  within  10  days  after  receipt  of  bill.  In 
case  a  vessel  shall  have  a  pier,  wharf,  bulkhead,  slip  or  basin  before 
the  payment  of  the  wharfage  or  dockage  due  on  her  account,  the 
owner,  consignee  or  person  in  charge  of  such  vessel  shall  be  liable  to 

Cay  double  the  rates  of  wharfage  for  vessels  of  her  class,  established 
y  the  preceding  sections  of  this  article.     (Rule.) 

§  90.  Top  wharfage. — The  owner  or  the  lessee  of  any  wharf,  pier  or 
bulkhead  may  charge  and  collect  the  sum  of  5c.  per  ton  on  all  goods, 
merchandise  and  materials  remaining  on  the  waterfront  property, 
owned  or  leased  by  him,  for  every  day  after  the  expiration  of  24 
hours  from  the  time  the  goods,  merchandise  and  materials  shall 
have  been  left  or  deposited  thereon,  and  he  shall  have  a  lien  on  such 
goods,  merchandise  and  materials  for  such  charges  until  the  same 
shall  have  been  paid.  (Charter,  §  862.) 

§  91.  Rates  to  be  printed  on  wharfage  Mis;  overcharges. — All  persons 
owning  or  having  charge  of  waterfront  property  shall  cause  all 


DOCKS,  FERRIES  AND  HARBOR  CONTROL  185 

provisions  of  this  article  to  be  printed  on  the  back  of  each  bill  pre- 
sented by  them  for  wharfage,  and  the  owner,  consignee,  or  person  in 
charge  of  any  vessel  shall  not  be  required  to  pay  the  wharfage  or 
dockage  due  on  such  vessel  unless,  upon  his  demand,  the  bill  pre- 
sented to  him  is  printed  in  conformity  with  this  section.  Any  person, 
owning  or  having  charge  of  any  waterfront  property;  who  shall 
receive  for  wharfage  any  rates  in  excess  of  those  authorized  by  this 
article,  shall  forfeit  to  the  party  aggrieved  treble  the  amount  so 
charged  as  damages,  to  be  sued  for  and  recovered  by  the  party  ag- 
grieved. (Charter,  §  863.) 

ARTICLE  7 

FERRIES 

Sec.  100. 

ARTICLE  8 

PROTECTION    OF   NAVIGATION 

Sec.  120.  Obstructions  to  navigation. 
§  121.  Vessels  lying  at  ends  of  piers. 
§  122.  Fouling  navigable  waters. 
§  123.  Ashes  and  refuse  from  vessels. 
§  124.  Violations. 

Sec.  120.  Obstructions  to  navigation. — In  case  any  pier,  bulkhead, 
platform  or  other  wharf  structure  shall  be  abandoned  ana  constitute 
an  obstruction  to  navigation,  or  a  vessel  shall  be  stranded,  sunken  or 
wrecked  and  be  abandoned  for  10  days,  the  commissioner  shall 
notify  the  owner  of  such  abandoned  property  or  vessel,  if  known  to 
him,  to  remove  the  same  forthwith,  but  if  the  owner  be  not  known 
to  trie  commissioner,  or  is  not  within  the  city,  or  shall  fail  to  comply 
with  the  notice,  the  commissioner  shall  cause  such  obstruction  or 
vessel  to  be  removed,  and  the  expense  of  such  removal  shall  be 
recoverable  by  action  from  the  owner  and  shall  be  a  lien  on  the 
property  or  vessel  so  removed  until  paid.  If  such  property  or  vessel 
be  not  claimed  within  30  days  after  removal,  the  commissioner  shall 
advertise  the  same  for  sale,  at  public  auction  to  the  highest  bidder, 
i.i  the  City  Record  for  6  days.  The  proceeds  of  each  such  sale  shall  be 
paid  into  the  city  treasury.  (Rule  11.) 

§  121.  Vessels  lying  at  outer  end  of  wharfs. — No  vessel,  canal  boat, 
barge,  lighter  or  tug  shall  obstruct  the  waters  of  the  harbor,  by  lying 
at  the  exterior  end  of  wharves  in  the  waters  of  the  North  or  the  East 
river,  except  at  their  own  risk  of  injury  from  vessels  entering  or 
leaving  any  adjacent  dock  or  pier.  (Charter,  §  879.) 

§  122.  Fouling  navigable  waters.  1.  Dumping. — No  wharf,  pier  or 
slip,  or  bulkhead  adjacent  thereto,  in  the  navigable  waters  of  the 
port  of  New  York,  which  has  heretofore  been  used  for  the  loading 
and  discharging  of  sailing  vessels,  regularly  employed  in  foreign 
commerce  and  having  a  draught  of  more  than  18  feet  of  water,  shall 
be  used  as  a  dumping  ground.  (Charter,  §  845.) 


186  CODE    OF    ORDINANCES   OF   THE    CITY    OF   NEW    YORK 

2.  Harbor  pollution.     The  placing,  discharging  or  depositing,  by 
any  process  or  in  any  manner,  of  offal,  fruit,  vegetables,  piles,  lumber, 
timber,  driftwood,  dirt,  ashes,  cinders,  mud,  sand,  dredging,  sludge, 
acid,  or  any  other  refuse  matters,  floatable  or  otherwise,  in  the  tidal 
waters  of  the  port  of  New  York  is  hereby  strictly  prohibited,  except 
under  the  supervision  of  the  United  States  supervisor  of  the  harbor. 
(Charter,  §  880,  Rule  15.) 

3.  Snow  and  ice.    No  snow  or  ice  shall  be  dumped  into  the  waters 
adjacent  to  waterfront,  except   from  piers,  bulkheads  and  other 
places  designated  from  time  to  time  by  the  commissioner.    (Charter, 
§  878,  Rule  8.) 

4.  Oil  and  oil  refuse. — No  person  shall  discharge  or  cause  or  permit  to 
be  discharged  into  the  tidal  waters  of  the  port  of  New  York,  from  any 
ship,  steamer  or  other  vessel,  any  oil,  oil  refuse,  or  other  inflammable 
matter.    (New.) 

§  123.  Ashes,  oil  and  oil  refuse  from  vessels. — Scows  employed  by  the 
city  or  by  contractors  for  removing  ashes,  garbage,  oil,  and  oil  refuse, 
while  moored  at  the  various  dumping  boards  of  the  city,  are  hereby  re- 
quired to  receive,  directly,  all  such  substances  from  vessels  in  the  harbor, 
and  5  or  more  scows  shall  be  located  at  such  points  as  the  supervisor  of 
the  harbor  may  direct,  for  the  special  use  of  boats  and  vessels  wishing  to 
discharge  any  such  substances. 

Adopted  December  16,  1919.    Approved  December  23,  1919. 

§  124.  Violations. — Any  person  violating  any  provision  of  this 
article  shall,  upon  conviction  therefor,  be  punished  by  a  fine  of  not 
more  than  $250  nor  less  than  $5,  or  imprisonment  for  not  more  than 
6  months  nor  less  than  10  days,  one-half  of  said  fine  to  be  paid  to  the 
person  giving  information  which  shall  lead  to  the  conviction  of  the 
offender.  (Charter,  §  880.) 


ELECTRICAL   CONTROL  187 

CHAPTER  9 

Electrical  Control 
(New.    Approved  July  16,  1915) 

Article  1.  General  provisions. 

2.  Generators,  motors,  switchboards. 
)i.  Outside  work. 

4.  Inside  work. 

5.  Fittings,  materials  and  details  of  construction. 

6.  Miscellaneous. 

7.  Violations. 

ARTICLE   1 

GENERAL   PROVISIONS 

Sec.    1.  Definitions. 

§    2.  Jurisdiction;  powers  and  duties  of  the  commissioner. 

§    .3.  Federal  buildings. 

§    4.  City  departments. 

§    5.  Public  service  electric  corporations. 

\    6.  Installations,  alterations  or  repairs  of  wiring  or  appliances. 

\    7.  Applications. 

§    8.  License  board. 

§    9.  Fees. 

§  10.  Inspection. 

I  11.  Certificate  of  inspection. 

§  12.  Supplying  current. 

§13.  Discontinuing  current. 

Sec.  1.  Definitions. — Unless  otherwise  expressly  stated,  the  fol- 
lowing terms  whenever  used  in  this  chapter  shall  respectively  be 
deemed  to  mean  and  include: 

1.  Appliances.     All  electrical  apparatus  or  fittings,  except  fuse 
renewals,  incandescent  lamp  renewals  and  portable  devices  which 
together  with  their  cables  and  attachments  have  been  approved  for 
connection  to  appropriate  parts  of  the  permanent  electrical  equip- 
ment. 

2.  Approved.    Approved  in  writing  by  the  commissioner  of  water 
supply,  gas  and  electricity. 

3.  B.  &  S.  gauge.    Brown  and  Sharpe  gauge  for  wire: 

4.  Building.    Any  edifice,  structure  or  enclosure,  whether  roofed 
or  unroofed. 

5.  Certificate  of  inspection.     The  certificate  of  the  commissioner 
that  the  installation,  alteration  or  repair  of  electric  wiring  or  appli- 
ances for  light,  heat  or  power  in  a  building  has  been  inspected,  and  is 
approved  by  the  department,  either  temporarily  or  finally. 

6.  Extra-high  potential  system;  any  circuit  attached  to  any  machine 


18S  CODE  OF  ORDINANCBS  OP  THE  CITY  OF  NEW   YORK 

or  combination  of  machines  which  develops  a  difference  of  potential 
between  any  two  wires,  of  over  3,500  volts,  shall  be  considered  as  an 
extra-high  potential  circuit,  and  as  coming  under  that  class,  unless 
an  approved  transforming  device  is  used,  which  cuts  the  difference 
of  potential  down  to  3,500  volts  or  less. 

7.  High-potential  system.    Any  circuit  attached  to  any  machine  or 
combination  of  machines  which  develops  a  difference  of  potential 
between  any  two  wires,  of  over  550  volts  and  less  than  3,500  volts, 
unless  an  approved  transforming  device  is  used,  which  cuts  the 
difference  of  potential  down  to  550  volts  or  less;  for  550  volt  motor 
equipments  a  margin  of  10  per  cent,  above  the  550  volt  limit  will 
be  allowed  at  the  generator  or  transformer  without  coming  under 
high-potential  systems. 

8.  License.    The  authorization  of  the  commissioner  for  a  person 
to  engage  generally  in  the  business  of  installing,  altering  or  repairing 
electric  wiring  or  appliances  for  light,  heat  or  power  in  buildings. 

9.  Low  potential  system.    Any  circuit  attached  to  any  transform- 
ing device,  machine,  or  combination  of  machines,  which  develops  a 
difference  of  potential  between  any  2  wires,  of  not  over  550  volts; 
the  primary  circuit  not  to  exceed  a  potential  of  3,500  volts  unless  the 
primary  wires  are  installed  in  accordance  with  approved  standards 
for  pole-line  construction,  or  are  underground;  for  550  volt  motor 
equipments  a  margin  of  10  per  cent,  above  the  550  volt  limit  will  be 
allowed  at  the  generator  or  transformer.     (Amend.  App.  Aug.  8, 
1916.) 

10.  Signalling  system.     Wiring  for  telephone,  telegraph  (except 
wireless  telegraph  apparatus)  district  messenger  and  call  bell  circuits, 
fire  and  burglar  alarms,  and-  all  similar  systems  which  are  hazardous 
only  because  of  their  liability  to  become  crossed  with  electric  light, 
heat  or  power  circuits. 

11.  Special  license.     The  authorization  of  the  commissioner  for  a 
person  in  the  exclusive  employ  of  the  owner  or  manager  of  a  build- 
ing to  install,  alter  or  repair  electric  wiring  or  appliances  for  light, 
heat  or  power  therein  during  the.  term  of  such  special  license. 

12.  Special  permit.    The  authorization  of  the  commissioner  for  a 
person  to  install  or  repair  electric  wiring  or  appliances  for  light,  heat 
or  power  upon  an  individual  application. 

§  2.  Jurisdiction.  Powers  and  duties  of  the  commissioner. — The  com- 
missioner of  water  supply,  gas  and  electricity  is  empowered  to 

1.  Make  rules  and  regulations  respecting  the  installing,  altering  or 
repairing  of  electric  wiring  or  appliances  for  light,  heat  or  power  in 
or  upon  any  building; 

2.  Cause  any  electric  wiring  or  appliance  for  light,  heat  or  power 
in  or  upon  any  building  to  be  examined  and  inspected  by  an  officer 
or  employee  of  the  department  designated  for  that  purpose; 

3.  Order  in  writing  the  remedying  of  any  defect  or  deficiency  in 
the  installing,  altering  or  repairing  of  electric  wiring  or  appliances 
for  light,  heat  or  power,  in  or  upon  any  building. 

4.  Cause  any  order  of  the  commissioner  which  is  not  complied 
with,  within  the  time  fixed  in  such  order  for  compliance  therewith, 
to  be  enforced  and  to  take  proceedings  for  its  enforcement. 

§  3.  Federal  buildings. — Nothing  in  this  chapter  shall  be  construed 
to  apply  to  any  building,  the  electrical  equipment  of  which  is  under 


ELECTRICAL   CONTROL  189 

the  control  of  the  United  States  Government  or  of  any  department 
or  officer  thereof. 

4.  City  departments. — The  various  departments,  boards  and 
cers  of  the  city  shall  be  subject  to  the  provisions  of  this  chapter 
in  so  far  as  the  same  may  be  applicable,  but  shall  not  be  required  to 
pay  fees;  provided,  that  nothing  in  this  chapter  shall  be  so  construed 
as  to  affect  or  in  any  way  modify  the  provisions  of  §  7,  article  1  of 
chapter  9  of  this  code  or  of  chapter  458  of  the  laws  of  1912. 

§  5.  Public  service  electric  corporations. — The  provisions  of  this 
chapter  shall  not  apply 

1.  To  electrical  equipment  used  in  connection  with  railroads. 

2.  To  the  following  described  electrical  equipment  used  in  con- 
nection with  lighting  and  power  companies:  (a)  generating  stations, 
(b)  substations,  (c)  storage  battery  stations,  (d)  storage  buildings 
and  yards  and  (e)  service  switches  and  controlling  devices  and  meters 
and  their  attached  controlling  and  testing  devices;  provided,  that 
the  electrical  equipment  hereinabove  referred  to  be  owned  or  leased 
and  operated  by,  or  for  the  exclusive  benefit  of,  persons  or  corpora- 
tions subject  to  the  jurisdiction  of  either  of  the  public  service  com- 
missions of  the  State  of  New  York,  or  their  successors. 

§  6.  Installations,  alterations  or  repairs  of  wiring  or  appliances. 
1.  Generally. — No  person  shall  install,  alter  or  repair  electric  wiring 
or  appliances  for  light,  heat  or  power  in  any  building  except  a  person 
holding  a  license,  a  special  license  or  a  special  permit  as  defined  in  §  1 
of  this  chapter,  or  a  person  employed  by  and  working  under  the  general 
supervision  of  the  holder  of  a  license,  a  special  license  or  a  special  permit, 
and  after  application  for  a  certificate  of  inspection  of  such  installa- 
tion, alteration  or  repair.  A  license  or  a  special  license  shall  remain 
in  force  for  1  year  from  the*  date  of  issue,  and  a  special  permit  shall 
remain  in  force  during  the  performance  of  the  work  which  it  au- 
thorizes, unless  modified,  suspended  or  revoked  as  hereinafter  pro- 
vided; but  in  no  case  shall  a  special  permit  remain  in  force  for  more 
than  1  year. 

2.  Modification,  suspension  or  revocation  of  special  permits  and 
licenses.  The  commissioner  may  at  any  time  by  an  order  in  writing, 
for  good  cause  shown,  modify,  suspend  or  revoke  any  special  permit 
issued  pursuant  to  this  chapter,  and  in  like  manner,  but  upon  rec- 
ommendation of  the  license  board,  he  may  modify,  suspend  or  revoke 
any  license  similarly  issued. 

§  7.  Applications. — All  applications  for  licenses,  special  licenses, 
special  permits  or  certificates  of  inspection  shall  be  made  to  the  com- 
missioner, in  such  form  and  detail  as  he  may  from  time  to  time 
prescribe.  A  license,  special  license  or  special  permit  shall  not  be 
transferable. 

§  8.  License  board.  1.  Organization. — The  commissioner  shall 
appoint  a  board  to  determine  the  fitness  of  applicants  for  licenses, 
which  shall  consist  of: 

a.  An  officer  or  employee  of  the  department; 

b.  A  master  or  employing  electrician; 

c.  A  journeyman  electrician; 

d.  An  underwriters'  electrical  inspector; 

e.  An  electrician  in  the  employ  of  a  public  service  corporation  of 
the  city; 


190  CODE   OF   ORDINANCES   OF   THE   CITY   OF  NEW   YORK 

f .  An  architect  or  builder  of  at  least  five  years'  practical  experience; 

g.  A  real  estate  owner  or  broker. 

The  member  of  the  board  who  is  an  officer  or  employee  of  the  de- 
partment shall  serve  as  chairman,  and  all  members  shall  serve  with- 
out compensation.  Four  members,  including  the  chairman,  who 
shall  be  entitled  to  vote,  shall  constitute  a  quorum  of  the  board  for 
the  transaction  of  business;  but  no  recommendation  for  the  issue, 
modification,  suspension  or  revocation  of  a  license  shall  be  adopted 
except  by  the  vote  of  four  members  of  the  board. 

2.  Jurisdiction.  All  applications  for  licenses  or  special  licenses 
shall  be  referred  by  the  commissioner  to  the  board,  which  shall 
promptly  investigate  and  report  to  the  commissioner  as  to  the  fitness 
for  license  of  the  respective  applicants.  The  board  shall  meet  at 
least  once  in  every  week  for  the  consideration  of  such  applications. 
The  board  shall  investigate  and  report  to  the  commissioner  respecting 
any  charge  that  may  be  made  against  the  holder  of  a  license  or  a 
special  license. 

§  9.  Fees. — There  shall  be  charged  and  collected  by  the  commis- 
sioner a  fee  of  $10  for  each  license  issued  under  the  provisions  of  this 
chapter  and  thereafter  an  annual  fee  of  $5  for  each  renewal  of  such 
license  and  a  fee  of  $1  for  each  special  license  or  special  permit  so 
issued. 

§  10.  Inspection. — The  commissioner  or  any  duly  authorized 
officer  or  employee  of  the  department  of  water  supply,  gas  and 
electricity  may  enter  or  go  upon,  at  any  reasonable  hour,  any  build- 
ing in  or  upon  which  are  wires  or  other  apparatus  for  electric  currents 
for  light,  heat  or  power,  to  make  inspection  of  such  wires  or  other 
appliances  or  for  any  other  purpose  in  furtherance  of  the  provisions 
of  this  chapter. 

§  11.  Certificate  of  inspection.  1.  Issue. — If,  after  inspection,  the 
electric  wiring  or  appliances  for  light,  heat  or  power  in  a  building 
shall  be  found  by  the  commissioner  to  have  been  installed,  altered  or 
repaired  in  conformity  with  the  requirements  of  this  chapter,  he 
shall  issue  a  temporary  or  final  certificate  of  inspection  therefor. 

2.  Modification,  suspension  or  revocation.  The  commissioner  may 
at  any  time  by  an  order  in  writing,  for  good  cause  shown,  modify, 
suspend  or  revoke  any  certificate  of  inspection  issued  pursuant  to 
this  chapter,  but  no  such  order  shall  be  effective  unless  same  shall 
state  specifically  the  reason  therefor,  nor  until  a  copy  of  such  order 
has  been  served  upon  the  owner,  lessee  or  occupant  of  the  premises 
affected  thereby;  or,  if  the  owner,  lessee  or  occupant  cannot  be 
ascertained  or  located  by  the  exercise  of  reasonable  diligence,  a  copy 
of  such  notice  shall  have  been  conspicuously  posted  upon  the  prem- 
ises. 

§  12.  Supplying  current. — No  person  shall  supply  electric  current 
for  light,  heat  or  power  to  any  wiring  or  appliances  in  any  building 
until  a  certificate  of  inspection,  temporary  or  final,  authorizing  the 
use  of  said  wiring  or  appliances  shall  have  been  issued  by  the  com- 
missioner. 

§  13.  Discontinuing  current. — If,  in  the  judgment  of  the  commis- 
sioner, after  due  inspection,  the  electric  wiring  or  appliances  in  any 
building,  shall  be  unsafe  or  dangerous  to  persons  or  property,  the 
commissioner  shall  have  power  to  cause  such  wires  or  appliances  to 


ELECTRICAL  CONTROL  191 

be  disconnected  from  the  supplying  wires  or  apparatus  and  to  seal 
the  wiring  and  appliances  so  disconnected.  Thereafter  no  person 
shall  cause  or  permit  electric  current  to  be  supplied  to  wiring  or 
appliances  so  sealed  until  the  same  shall  have  been  made  safe  and  the 
commissioner  shall  have  issued  a  certificate  to  that  effect;  provided, 
however,  that  no  wiring  or  appliances  shall  be  disconnected  pursuant 
to  this  section  until  a  notice  in  writing,  stating  specifically  the  reason 
why  such  wiring  or  appliances  must  be  disconnected,  shall  have  been 
served  upon  the  owner,  lessee  or  occupant  of  the  premises  affected 
thereby,  or  conspicuously  posted  in  or  upon  said  premises,  and  a 
duplicate  thereof  shall  have  been  delivered  to  the  person  supplying 
the  current  to  such  wiring  or  appliances. 


ARTICLE  2 

GENERATORS,    MOTORS,    SWITCHBOARDS 

(As  amended  by  ord.  effective  May  29,  1916) 

Sec.  201.  Generators. 

§  202.  Conductors  from  generators  to  switchboards,  rheostats  or 

other  instruments  and  thence  to  outside  lines. 
§203.  Switchboards. 
§  204.  Resistance  devices. 

205.  Lightning  arresters. 

206.  Care  and  attendance. 

207.  Testing  of  insulation  resistance. 

208.  Motors. 

209.  Railway  power  plants. 

210.  Storage  or  primary  batteries. 

211.  Transformers. 

Sec.  201.  Generators. — a.  Generators  must  be  located  in  a  dry 
place. 

b.  Generators  must  never  be  placed  in  a  room  where  any  hazardous 
process  is  carried  on,  nor  in  places  where  they  would  be  exposed  to 
inflammable  gases  or  flyings  of  combustible  materials. 

c.  Generators  must,  when  operating  at  a  potential  in  excess  of 
550   volts,    have   their  base  frames  permanently   and   effectively 
grounded. 

Generators  must,  when  operating  at  a  potential  of  550  volts  or  less, 
have  their  base  frames  permanently  and  effectively  grounded 
wherever  feasible.  Where  grounding  of  the  frame  is  impracticable, 
special  permission  for  its  omission  may  be  given  in  writing,  in  which 
case  the  frame  must  be  permanently  and  effectively  insulated. 
Wooden  base  frames  used  for  this  purpose,  and  wooden  floors  which 
are  depended  upon  for  insulation  where,  for  any  reason,  it  is  neces- 
sary to  omit  the  base  frames,  must  be  kept  filled  to  prevent  absorp- 
tion of  moisture,  and  must  be  kept  clean  and  dry. 

d.  Constant    potential    generators,    except    alternating    current 
machines   and    their   exciters,    must   be   protected   from   excessive 
current  by  safety  fuses  or  equivalent  devices  of  approved  design. 


192  CODE   OF   ORDINANCES   OP  THE   CITY   OP  NEW   YORK 

For  two-wire  D.  C.  generators,  single-pole  protection  will  be  con- 
sidered as  satisfying  the  above  rule,  provided  the  safety  device  is  so 
located  and  connected  that  the  means  for  opening  same  is  actuated 
by  the  entire  generator  current,  and  the  action  thereof  will  com- 
pletely open  the  generator  circuit. 

For  three-wire  direct-current  generators  compound  or  shunt 
wound,  a  safety  device  must  be  placed  in  each  armature  lead,  and  so 
connected  as  to  receive  the  entire  current  from  the  armature.  Fuses 
will  not  be  acceptable.  The  safety  device  must  consist  of  either: 
(1)  a  double  pole,  double  coil,  overload  circuit  breaker,  or  (2)  a  four- 
pole  circuit  breaker  connected  in  the  main  and  equalizer  leads,  and 
tripped  by  means  of  two  overload  devices,  one  in  each  armature 
lead. 

The  safety  devices  above  required  must  be  so  interlocked  that  no 
one  pole  can  be  opened  without  simultaneously  disconnecting  both 
sides  of  the  armature  from  the  system. 

e.  Generators  must  each  be  provided  with  a  name-plate,  giving 
the  maker's  name,  the  capacity  in  volts  and  amperes,  and  the  normal 
speed  in  revolutions  per  minute. 

f.  Terminal  blocks  when  used  on  generators  must  be  made  of 
approved  non-combustible,  non-absorptive,  insulating  material,  such 
as  slate,  marble  or  porcelain. 

g.  The  use  of  soft  rubber  bushings  to  protect  the  lead  wires  com- 
ing through  the  frames  of  generators  is  permitted,  except  when  in- 
stalled where  oils,  grease,  oily  vapors  or  other  substances  known  to 
have  rapid  deleterious  effect  on  rubber  are  present  in  such  quantities 
and  in  such  proximity  to  the  generator  as  may  cause  such  bushings 
to  be  liable  to  rapid  destruction.    In  such  cases  hard  wood,  properly 
filled,  or  preferably  porcelain  or  micanite  bushings  must  be  used. 

§  202.  Conductors  from  generators  to  switchboards,  rheostats  or 
other  instruments,  and  thence  to  outside  lines. — a.  Conductors  must  be 
in  plain  sight  or  readily  accessible.  Wires  from  generator  to  switch- 
board may,  however,  be  placed  in  a  run-way  in  the  brick  or  cement 
pier  on  which  the  generator  stands.  When  protection  against  mois- 
ture is  necessary,  cable  with  grounded  lead  sheath  or  grounded  con- 
duit must  be  used. 

b.  Conductors  must  have  an  approved  insulating  covering  as 
called  for  in  article  4  of  this  chapter  for  similar  work,  except  that  in 
central  stations,  on  exposed  circuits,  the  wire  which  is  used  must 
have  a  heavy  braided,  non-combustible  outer  covering.    Conductors 
used  as  bus  bars  may  oe  made  of  bare  metal.    Wires  with  inflammable 
outer  braiding,  when  brought  close  together,  as  in  the  rear  of  switch- 
boards, must,  when  required,  be  each  surrounded  with  a  tight,  non- 
combustible  outer  cover.    Flame  proofing  must  be  stripped  back  on 
all  cables  a  sufficient  amount  to  give  the  necessary  insulation  dis- 
tances for  the  voltage  of  the  circuit  on  which  the  cable  is  used. 

c.  Conductors,  must,  where  not  in  a  conduit,  be  kept  so  rigidly 
in  place  that  they  cannot  come  in  contact. 

d.  Conductors  must  in  all  other  respects  be  installed,  with  the 
same  precautions  as  required  in  article  4  of  this  chapter  for  wires 
carrying  a  current  of  the  same  volume  and  potential. 

e.  In  wiring  switchboards,  the  ground  detector,  voltmeter,  pilot 
lights  and  potential  transformers  must  be  connected  to  a  circuit  of 


ELECTRICAL  CONTROL  193 

not  less  than  No.  14  B.  &  S.  gage  wire  that  is  protected  by  approved 
fuses.  This  circuit  is  not  to  carry  over  660  watts. 

For  the  protection  of  instruments  and  pilot  lights  and  switch- 
boards, approved  N.  E.  Code  standard  enclosed  fuses  are  preferred, 
hut  approved  enclosed  fuses  of  other  designs  of  not  over  two  (2)  am- 
peres capacity  may  be  used. 

§  203.  Switchboards. — -a.  Switchboards  must  be  so  placed  as  to 
reduce  to  a  minimum  the  danger  of  communicating  fire  to  adjacent 
combustible  material. 

Switchboards  must  not  be  built  up  to  the  ceiling,  a  space  of  three 
feet  being  left,  if  possible,  between  the  ceiling  and  the  board.  The 
space  back  of  the  board  must  be  kept  clear  of  rubbish  and  must  not 
be  used  for  storage  purposes. 

b.  Switchboards  must  be  made  of  non-combustible  material. 

c.  Switchboards  must  be  accessible  from  all  sides  when  the  con- 
nections are  on  the  back,  but  may  be  placed  against  a  brick  or  stone 
wall  when  the  wiring  is  entirely  on  the  face. 

If  the  wiring  is  on  the  back,  there  must  be  a  clear  space  of  at  least 
eighteen  inches  between  the  wall  and  the  apparatus  on  the  board, 
and  even  if  the  wiring  is  entirely  on  the  face,  it  is  much  better  to 
have  the  board  set  out  from  the  wall. 

d.  Switchboards  must  be  kept  free  from  moisture. 

e.  Wires  with  inflammable  outer  braiding,  when  brought  close 
together,  as  in  the  rear  of  switchboards,  must,  when  required,  be 
each  surrounded  with  a  tight,  non-combustible  outer  cover. 

Flame  proofing  must  be  stripped  back  on  all  cables  a  sufficient 
amount  to  give  the  necessary  insulation  distances  for  the  voltage  of 
the  circuit  on  which  the  cable  is  used. 

§  204.  Resistance  devices. — a.  Resistance  devices  must  be  placed 
on  a  switchboard,  or  at  a  distance  of  at  least  one  foot  from  combus- 
tible material,  or  separated  therefrom  by  a  slab  or  panel  of  non- 
combustible,  non-absorptive  insulating  material  such  as  slate,  soap- 
stone  or  marble,  somewhat  larger  than  the  rheostat,  which  must  be 
secured  in  position  independently  of  the  rheostat  supports.  Bolts 
for  supporting  the  rheostat  shall  be  countersunk  at  least  1-8  inch 
below  the  surface  at  the  back  of  the  slab  and  the  bolt  heads  shall  be 
covered  with  insulating  material.  For  proper  mechanical  strength, 
slab  should  be  of  a  thickness  consistent  with  the  size  and  weight  of 
the  rheostat,  but  in  no  case  less  than  >2  inch. 

If  resistance  devices  are  installed  in  rooms  where  dust  or  combus- 
tible flyings  are  liable  to  accumulate  on  them,  they  must  be  equipped 
with  dust-proof  face-plates. 

b.  Where  protective  resistances  are  necessary  in  connection  with 
automatic  rheostats,  incandescent  lamps  may  be  used,  provided 
that  they  do  not  carry  or  control  the  main  current  nor  constitute  the 
regulating  resistance  of  the  device. 

When  so  used,  lamps  must  be  mounted  in  porcelain  receptacles 
upon  non-combustible  supports,  and  must  be  so  arranged  that  they 
cannot  have  impressed  upon  them  a  voltage  greater  than  that  for 
which  they  are  rated.  They  must  in  all  cases  be  provided  with  a 
name-plate,  which  shall  be  permanently  attached  beside  the  porce- 
lain receptacle  or  receptacles  and  stamped  with  the  wattage  and  vol- 
tage of  the  lamp  or  lamps  to  be  used  in  each  receptacle. 


194  CODE   OF   ORDINANCES   OF  THE   CITY   OF   NEW   YORK 

Under  special  authorization  in  writing,  given  in  advance,  incan- 
descent lamps  may  be  used  for  the  purpose  of  resistances  in  series 
with  other  devices  when  mounted  in  porcelain  receptacles  upon  non- 
combustible  supports  and  so  arranged  that  they  cannot  have  im- 
pressed upon  them  a  voltage  greater  than  that  for  which  they  are  rated. 

c.  Wherever  insulated  wire  is  used  for  connections  between  re- 
sistance elements  and  the  contact  device  of  a  rheostat,  the  insulation 
must  be  of  approved  slow-burning  or  other  heat-resisting  type.  For 
large  rheostats  and  similar  resistances,  where  the  contact  devices 
are  not  mounted  upon  them,  the  connecting  wires  having  slow  burn- 
ing insulation  may  be  so  arranged  in  groups  that  the  maximum  dif- 
ference of  potential  between  any  two  wires  in  a  group  shall  not 
exceed  75  volts.  Each  group  of  wires  must  either  be  mounted  on 
non-combustible,  non-absorptive  insulators  giving  at  least  1A  inch 
separation  from  surface  wired  over,  or,  especially  where  it  is  necessary 
to  protect  same  from  mechanical  injury,  each  group  of  wires  may  be 
encased  in  approved  flexible  tubing  and  placed  in  approved  conduit, 
the  flexible  tubing  to  extend  at  least  1  inch  beyond  the  ends  of  the 
conduit. 

§205.  Lightning  arresters. — a.  Lightning  arresters  must  be  attached 
to  each  wire  of  every  overhead  circuit  connected  with  the  station. 

b.  Lightning  arresters  must  be  located  in  readily  accessible  places 
away  from  combustible  materials,  and  as  near  as  practicable  to  the 
point  where  the  wires  enter  the  building. 

In  all  cases,  kinks,  coils  and  sharp  bends  in  the  wires  between  the 
arresters  and  the  outdoor  lines  must  be  avoided  as  far  as  possible. 

c.  Lightning  arresters  must  be  connected  with  a  thoroughly  good 
and  permanent  ground  connection  by  metallic  strips  or  wires  having 
a  conductivity  not  less  than  that  of  a  No.  6  B.  &  S.  gage  copper  wire, 
which  must  be  run  as  nearly  in  a  straight  line  as  possible  from  the 
arresters  to  the  ground  connection. 

Ground  wires  for  lightning  arresters  must  not  be  attached  to  gas 
pipes  within  the  buildings  nor  be  run  inside  of  iron  pipes,  unless 
electrically  and  mechanically  attached  to  both  ends  of  the  pipe. 

d.  All  choke  coils  or  other  attachments,  inherent  to  the  lightning 
protection  equipment,  shall  have  an  insulation  from  the  ground  or 
other  conductors  equal  at  least  to  the  insulation  demanded  at  other 
points  of  the  circuit  in  the  station. 

§  206.  Care  and  attendance. — a.  A  competent  man  must  be  kept 
on  duty  where  generators  are  operating. 

b.  Oily  waste  must  be  kept  in  approved  waste  cans  and  removed 
daily. 

§  207.  Testing  of  insulation  resistance. — a.  All  circuits  except  such 
as  are  permanently  grounded  in  accordance  with  §  315  of  this  chapter 
must  be  provided  with  reliable  ground  detectors.  Detectors  which 
indicate  continuously  and  give  an  instant  and  permanent  indication 
of  a  ground  are  preferable.  Ground  wires  from  detectors  must  not 
be  attached  to  gas  pipes  within  the  building. 

b.  Where  continuously  indicating  detectors  are  not  feasible  the 
circuits  should  be  tested  at  least  once  per  day,  and  preferably  oftener. 

§  208.  Motors. — a.  Motors  must,  when  operating  at  a  potential 
in  excess  of  550  volts,  have  no  exposed  live  metal  parts,  and  must 
have  their  base  frames  permanently  and  effectively  grounded. 


ELECTRICAL   CONTROL  195 

Motors  operating  at  a  potential  of  550  volts  or  less  must  have  their 
base  frames  permanently  and  effectively  grounded  wherever  feasible. 
Where  grounding  of  the  frame  is  impracticable,  special  permission 
for  its  omission  may  be  given  in  writing,  in  which  case  the  frame  must 
be  permanently  and  effectively  insulated.  Wooden  base  frames 
used  for  this  purpose,  and  wooden  floors,  which  are  depended  upon 
for  insulation  where,  for  any  reason,  it  is  necessary  to  omit  the  base 
frames,  must  be  kept  filled  to  prevent  absorption  of  moisture,  and 
must  be  kept  clean  and  dry. 

b.  Motors  operating  at  a  potential  of  550  volts  or  less  must  be 
wired  with  the  same  precautions  as  required  by  article  4  of  this 
chapter,  for  wires  carrying  a  current  of  the  same  volume. 

Motors  operating  at  a  potential  between  550  and  3,500  volts 
must,  except  in  central  or  sub-stations,  be  wired  with  approved 
multiple  conductor,  metal  sheathed  cable  in  approved  metal  conduit. 
All  apparatus  and  wiring  connected  to  the  high  tension  circuit  must 
be  completely  enclosed  in  substantial  grounded  metal  shields  or 
casings,  and  the  conduit  must  enter  and  be  properly  secured  to  such 
casings  or  to  suitable  terminal  boxes  screwed  or  bolted  to  the  casings. 

The  insulation  of  the  several  conductors  for  high-potential  motors, 
where  leaving  the  metal  sheath  of  cables,  must  be  thoroughly  pro- 
tected from  moisture  and  mechanical  injury.  This  may  be  accom- 
plished by  means  of  a  pot  head  or  some  equivalent  method.  The  con- 
duit must  be  substantially  bonded  to  the  metal  casings  of  all  fittings 
and  apparatus  connected  to  the  inside  high-tension  circuit. 

Where  outside  wires  directly  enter  the  motor  room,  special  permis- 
sion, in  writing,  must  be  obtained  to  install  the  wires  for  high-potential 
motors  according  to  the  general  rules  for  high-potential  systems. 

Conductors  carrying  the  current  of  only  one  motor  must  be  de- 
signed to  carry  a  current  at  least  25  per  cent,  greater  than  that  for 
which  the  motor  is  rated.  Where  the  wires  under  this  rule  would  be 
overfused  in  order  to  provide  for  the  starting  current,  as  in  the  case 
of  many  of  the  alternating  current  motors,  the  conductors  must 
be  of  such  size  as  to  be  properly  protected  by  these  larger  fuses. 

The  current  used  in  determining  the  size  of  the  conductor  carry- 
ing the  current  of  only  one  varying  (or  variable)  speed  motor  must 
be  the  percentage  of  the  30-minute  current  rating  of  the  motor  as 
given  for  the  several  classifications  of  service  in  the  following  table: 

Percentage 
of  current 

Classification  of  services  rating  of 

motor 

Operating  valves,  raising  or  lowering  rolls 200 

Rolling  tables 180 

Hoists,  rolls,  ore  and  coal-handling  machines 150 

Freight  and  passenger  elevators,  shop  cranes,  tool  heads, 

pumps,  etc 120 

c.  Each  motor  with  its  starting  device  must  be  protected,  by  a 
cut-out  and  controlled  by  a  switch  (see  §  419a  of  this  chapter), 


196  CODE   OF   ORDINANCES   OF  THE   CITY    OF   NEW   YORK 

said  switch  plainly  indicating  whether  "on"  or  "off"  (except  as 
provided  for  electric  cranes,  see  §  443c  of  this  chapter).  Small 
motors  may  be  grouped  under  the  protection  of  a  single  set  of  fuses, 
provided  the  rated  capacity  of  the  fuses  does  not  exceed  10  amperes, 
and  the  total  wattage  of  the  circuit  does  not  exceed  660.  With 
motors  of  %  horse  power  or  less,  on  circuits  where  the  voltage  does 
not  exceed  300,  single  pole  switches  may  be  used  as  allowed  in  §  424c 
of  this  chapter.  The  switch  and  rheostat  must  be  located  within 
sight  of  the  motor,  except  in  cases  where  special  permission  to  locate 
them  elsewhere  is  given  in  writing. 

Where  the  circuit-breaking  attachment  on  the  motor-starting 
device  disconnects  all  wires  of  the  circuit,  the  switch  called  for  in  this 
section  may  be  omitted. 

Overload-release  attachments  on  motor-starting  rheostats  will  not 
be  considered  to  take  the  place  of  the  cut-out  required  by  this  section. 

An  automatic  circuit-breaker  disconnecting  all  wires  of  the  circuit 
may  serve  as  both  switch  and  cut-out. 

Where  a  rubber-covered  conductor  carries  the  current  of  only  one 
A.  C.  motor  of  a  type  requiring  large  starting  current  it  may  be  pro- 
tected by  a  fuse  or  an  automatic  circuit  breaker  without  time  limit 
device,  rated  in  accordance  with  Table  B  of  §  418  of  this  chapter. 
The  rated  continuous  current  capacity  of  a  time  limit  circuit  breaker 
protecting  a  motor  of  the  above  type  need  not  be  greater  than  125 
per  cent,  of  the  motor  current  rating,  providing  the  time  limit  device 
is  capable  of  preventing  the  breaker  opening  during  the  starting 
period. 

d.  Rheostats  must  be  so  installed  as  to  comply  with  all  the  re- 
quirements of  §  204  of  this  chapter.     Auto  starters  must  comply 
with  requirements  of  §  204c  of  this  chapter. 

Auto  starters,  unless  equipped  with  tight  casings  enclosing  all 
current-carrying  parts,  in  all  wet,  dusty  or  linty  places,  must 
be  enclosed  in  approved  cut-out  boxes  or  cabinets.  Where  there 
is  any  liability  of  short  circuits  across  their  exposed  live  parts 
due  to  accidental  contacts,  a  railing  must  be  erected  around 
them. 

e.  Motors  must  not  be  run  in  series-multiple  or  multiple  series, 
except  on  constant-potential  systems,  and  then  only  by  special 
permission. 

f.  Motors  must  be  covered  with  a  waterproof  cover  when  not 
in  use,  and,  if  deemed  necessary,  must  be  enclosed  in  approved 


Such  enclosures  must  be  readily  accessible,  dust-proof  and  suf- 
ficiently ventilated  to  prevent  an  excessive  rise  of  temperature. 
Where  practicable  the  sides  should  be  made  largely  of  glass,  so  that 
the  motor  may  be  always  plainly  visible. 

The  use  of  enclosed  type  motors  is  recommended  in  dusty  places, 
being  preferable  to  wooden  boxing. 

Where  deemed  necessary,  motors  permanently  located  on  wooden 
floors  must  be  provided  with  suitable  drip  pans. 

h.  Motors  must  each  be  provided  with  a  name-plate,  giving  the 
maker's  name,  the  capacity  in  volts  and  amperes  (or  watts),  and  the 
normal  speed  in  revolutions  per  minute. 

All  varying  (or  variable)  speed  motors  except  those  used  for  rail- 


ELECTRICAL   CONTROL  197 

way  service  must  be  marked  with  the  maximum  current  which  they 
can  safely  carry  for  30  minutes,  starting  cold. 

i.  Terminal  blocks,  when  used  on  motors,  must  be  made  of  ap- 
proved non-combustible,  non-absorptive  insulating  material,  sucn  as 
elate,  marble  or  porcelain. 

j.  Adjustable-speed  motors,  unless  of  special  and  appropriate 
design,  if  controlled  by  means  of  field  regulation,  must  be  so  ar- 
ranged and  connected  that  they  cannot  be  started  under  weakened 
field. 

k.  The  use  of  soft  rubber  bushings  to  protect  the  lead  wires  com- 
ing through  the  frame  of  motors  is  permitted,  except  when  installed 
where  oils,  grease,  oily  vapors  or  other  substances  known  to  have 
rapid  deleterious  effect  on  rubber  are  present  in  such  quantities  and 
in  such  proximity  to  motors  as  may  cause  such  bushings  to  be  liable 
to  rapid  destruction.  In  such  cases  hardwood  properly  filled,  or 
preferably  porcelain  or  micanite  bushings,  must  be  used. 

§  209.  Railway  power  plants. — a.  Each  feed  wire  before  it  leaves 
the  power  plant  must  be  protected  by  an  approved  automatic  cir- 
cuit-breaker, or  other  device,  which  will  immediately  cut  off  the 
current  in  case  of  an  accidental  ground.  This  device  must  be  mounted 
on  a  fireproof  base,  and  in  full  view  and  reach  of  the  attendant. 

§  210.  Storage  or  primary  batteries. — a.  When  current  for  light 
and  power  is  taken  from  primary  or  secondary  batteries,  the  same 
general  regulations  must  be  observed  as  apply  to  similar  apparatus 
fed  from  generators  developing  the  same  difference  of  potential. 

b.  Storage  battery  rooms  must  be  thoroughly  ventilated. 

c.  Special  attention  is  directed  to  the  rules  for  wiring  in  rooms 
where  acid  fumes  exist  (see  §  426,  i,  j,  of  this  chapter). 

d.  All  secondary  batteries  must  be  mounted  on  non-absorptive, 
non-combustible  insulators,  such  as  glass  or  thoroughly  vitrified 
and  glazed  porcelain. 

e.  The  use  of  any  metal  liable  to  corrosion  must  be  avoided  in  cell 
connections  of  secondary  batteries. 

§  211.  Transformers. — a.  In  central  or  sub-stations  the  trans- 
formers must  be  so  placed  that  smoke  from  the  burning  out  of  the 
coils  or  the  boiling  over  of  the  oil  (where  oil-filled  cases  are  used) 
can  do  no  harm. 

b.  In  central  or  sub-stations  casings  of  all  transformers  must  be 
permanently  and  effectively  grounded. 

The  cases  or  frames  of  transformers  used  exclusively  to  supply 
current  to  switchboard  instruments  must  be  grounded,  unless  they 
are  installed  and  guarded  in  all  respects  as  required  for  the  higher 
voltage  circuit  connected  to  them. 


ARTICLE  3 

OUTSIDE    WORK 

(As  amended  by  ord.  effective  May  29,  1916) 

Sec.  312.  Wires  on  outside  of  buildings. 
§  313.  Services. 


198  CODE   OF  ORDINANCES  OF  THE   CITY   OF  NEW   YORK 

§  314.  Transformers. 

§  315.  Grounding  low  potential  circuits. 

Sec.  312.  Wires  on  outside  of  buildings. — a.  This  article  shall  not 
apply  to  conductors  on  highways. 

b.  Wires  must,  for  services  of  No.  6  B.  &  S.  gauge  or  smaller,  con- 
sist of  approved  rubber  covered  multiple  conductor  cable  and  must 
enter  the  building  in  the  manner  prescribed  by  the  second  paragraph 
of  §  312f  of  this  chapter.    At  the  first  point  of  attachment  to  building 
frame  multiple  conductor  cables  must  either  be  secured  to  strain 
insulators  spaced  not  less  than  one  foot  from  any  adjacent  woodwork 
and  in  turn  secured  to  petticoat  or  strain  insulators  or  the  conductor 
must  be  separately  attached  to  petticoat  insulators  spaced  not  less 
than  6  inches  apart.    If  necessary  to  carry  the  service  cable  upon  the 
face  of  the  building  before  entering,  it  may  be  extended  in  flex- 
ible metal  conduit,  or  a  waterproof  conduit  system  must  be  em- 
ployed. 

c.  Wires  must  be  at  least  8  feet  above  the  highest  point  of  roofa 
over  which  they  pass  or  to  which  they  are  attached  and  roof  struc- 
tures must  be  substantially  constructed.    Wherever  feasible,  wires 
crossing  buildings  must  be  supported  on  poles  independent  of  the 
buildings.    Roof  lines  will  be  permitted  only  under  special  authori- 
zation in  writing. 

d.  Wires  extended  on  the  exterior  walls  of  buildings  must  have  a 
rubber  insulating  covering,  and,  if  not  protected  by  fuses,  must  be 
kept  at  least  1  foot  apart  and  supported  on  petticoat  insulators  of 
glass  or  porcelain  placed  not  more  than  15  feet  apart,  the  distance 
between  supports  to  be  shortened  if  wires  are  liable  to  be  dis- 
turbed. 

e.  Wires  must  be  so  spliced  or  joined  as  to  be  both  mechanically 
and  electrically  secure  without  solder.     The  joints  must  then  be 
soldered,  to  insure  preservation,  and  covered  with  an  insulation 
equal  to  that  on  the  conductors. 

All  joints  must  be  soldered  unless  made  with  some  form  of  ap- 
proved splicing  device. 

f .  Wires  must,  where  they  enter  buildings,  have  drip  loops  out- 
side, and  the  holes  through  which  the  conductors  pass  must  be  bushed 
with   non-combustible,    non-absorptive   insulating   tubes,    slanting 
upward  toward  the  inside;  or  the  service  wires  may  be  brought  into 
buildings  through  a  single  iron  conduit,  in  which  case  the  conduit 
shall  be  equipped  with  an  approved  service-head.    The  inner  end 
must  extend  to  the  service  cut-out,  and  if  a  cabinet  is  required  by 
this  chapter  must  properly  enter  the  cabinet. 

Metal  conduits,  containing  service  wires  must  be  insulated  from 
the  metal  conduit,  metal  moulding,  or  armored  cable  system  within 
the  building  and  all  metal  work  on  or  in  the  building  or  they 
must  have  the  metal  of  the  conduit  permanently  and  effectually 
grounded  to  water  piping,  gas  piping  or  other  suitable  grounds, 
provided  that  when  connections  are  made  to  gas  piping,  they 
must  on  the  street  side  of  the  meter.  This  ground  connection  to 
be  independent  of  and  in  addition  to  any  other  ground  wire  on 
metal  conduit,  metal  moulding  or  armored  cable  systems  within  the 
building. 


ELECTRICAL   CONTROL  199 

§  313.  Services. — a.  Each  building  shall  be  supplied  by  a  separate 
service. 

b.  Where  a  row  of  separate  buildings  is  to  receive  its  supply  from 
an  overhead  main,  one  service  cable  shall  be  run  from  the  pole  to 
the  row,  and  from  the  first  attachment  to  the  building  sub-services 
or  a  service  main  shall  extend  in  conduit  along  the  face  of  the  row. 
One  service  cable  shall  supply  not  more  than  five  buildings,  except 
under  special  permission  in  writing,  given  in  advance. 

The  same  plan  of  sub-services  may  be  employed  in  connection 
with  underground  services,  under  the  same  restrictions. 

§  314.  Transformers. — a.  Transformers  must  not  be  attached  to 
any  building  when  the  potential  exceeds  550  volts,  except  by  special 
permission  and  when  attached  to  buildings  must  be  separated  there- 
from by  substantial  supports. 

§  315.  Grounding  low  potential  circuits. — a.  Direct-current  three- 
wire  systems.  Neutral  wire  must  (except  where  supplied  from  pri- 
vate industrial  power  or  lighting  plants  where  the  voltage  does  not 
exceed  550  volts)  be  grounded  and  the  following  rules  must  be  com- 
plied with: 

1 .  The  neutral  wire  must  be  permanently  and  effectively  grounded 
at  the  central  station.     The  ground  connection  must  include  all 
available  underground  complete  metallic  piping  systems. 

2.  In  underground  systems  the  neutral  wire  must  also  be  grounded 
at  each  distributing  box  through  the  box  or  on  the  individual  service 
as  provided  in  paragraphs  c  to  g,  inclusive,  of  this  section. 

3.  In  overhead  systems  the  neutral  wire  must  be  grounded  every 
500  foot,  as  provided  in  paragraphs  c  to  g  of  this  section. 

b.  Alternating-current  secondary  systems.     Transformer  secon- 
daries of  distributing  systems  (except  where  supplied  from  private 
industrial  power  or  lighting  plants  where  the  primary  voltage  does 
not  exceed  550  volts)  must  oe  grounded,  provided  the  maximum  dif- 
ference of  potential  between  the  grounded  point  and  any  other  point 
in  the  circuit  does  not  exceed  320  volts.    The  following  rules  must 
be  complied  with: 

1.  The  grounding  must  be  made  at  the  neutral  point  or  wire,  when- 
ever a  neutral  point  or  wire  is  accessible. 

2.  When  no  neutral  point  or  wire  is  accessible,  one  side  of  the  sec- 
ondary circuit  must  be  grounded. 

3.  The  ground  connection  must  be  at  the  transformers  or  on  the 
individual  service,  as  provided  in  paragraphs  c  to  g  of  this  section, 
and  when  transformers  feed  systems  with  a  neutral  wire,  the  neutral 
wire  must  also  be  grounded  at  least  every  500  feet. 

c.  Ground  wire,  in  buildings.     When  the  ground  connection  is 
inside  of  any  building,  or  the  ground  wire   is  inside   of  or  at- 
tached to  any  building  (except  central  or  sub-stations)  the  ground 
wire  must  be  of  copper  and  have  an   approved  rubber  insulat- 
ing covering,  National  Electrical  Code  Standard,  for  from  0  to 
600  volts. 

d.  Ground  wire,  sizes.    The  ground  wire  in  direct-current  three- 
wire  systems  must  not  at  central  stations  be  smaller  than  the  noutral 
wire  and  not  smaller  than  No.  6  B.  &  S.  gage  elsewhere.    The  ground 
wire  in  alternating  current  systems  must  never  be  less  than  No.  (5 
B.  &  S.  gage. 


200  CODE   OF   ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

On  three-phase  systems  the  ground  wire  must  have  a  carrying 
capacity  equal  to  that  of  any  one  of  the  three  mains. 

e.  Ground  wire,  installation.    The  ground  wire  must,  except  for 
central  stations  and  transformer  sub-stations,  be  kept  outside  of 
buildings  as  far  as  practicable,  but  may  be  directly  attached  to  the 
building  or  pole  by  cleats  or  straps  or  on  porcelain  knobs.    Staples 
must  never  be  used.    The  wire  must  be  carried  in  as  nearly  a  straight 
line  as  practicable,  avoiding  kinks,  coils  and  sharp  bends,  and  must 
be  protected  when  exposed  to  mechanical  injury. 

f .  Ground  connections,  central  stations.    The  ground  connections 
for  central  stations,  transformer  sub-stations,  and  banks  of  trans- 
formers must  be  permanent  and  effective  and  must  include  all  avail- 
able underground  piping  systems,  including  the  lead  sheaths  of  un- 
derground cables. 

g.  Ground  connections,  generally.     For  individual  transformers 
and  building  services  the  ground  connection  may  be  made  as  in 
paragraph  f  of  this  section,  or  may  be  made  to  water  piping  systems 
running  into  buildings. 

With  overhead  service,  this  connection  may  be  made  by  carrying 
the  ground  wire  into  the  cellar  and  connecting  on  the  street  side  of 
meters,  main  cocks,  etc. 

Where  the  service  enters  the  cellar  or  basement,  this  connection 
may  be  made  by  carrying  the  ground  wire  through  the  cellar  or  base- 
ment and  connecting  as  above. 

Where  the  ground  wire  is  run  through  any  part  of  a  building, 
unless  run  in  approved  conduit,  it  shall  be  protected  by  porcelain 
bushings  through  walls  or  partitions  and  shall  be  run  in  approved 
moulding,  except  that  in  basements  it  may  be  supported  on  porce- 
lain. 

Connections  should  not  be  made  to  piping  systems  which  have 
cement  joints,  but  should  only  be  made  to  complete  metallic  pipe 
systems. 


ARTICLE  4 

INSIDE   WORK 

(As  amended  by  &rd.  effective  May  29,  1916) 

Sec.  416.  Wires,  general. 

§  417.  Underground  conductors. 

§  418.  Table  of  allowable  carrying  capacities  of  wires. 

§  419.  Switches,  cut-outs,  circuit-breakers. 

§  420.  Limitation  of  potential. 

§  421.  Arc  lamps. 

§  423.  Automatic  cut-outs  (fuses  and  circuit-breakers). 

§  424.  Switches. 

§  425.  Electric  heaters. 

§  426.  Wires,  low  potential  systems. 

§  427.  Armored  cables. 

§  428.  Interior  conduits. 

§  429.  Metal  mouldings. 


ELECTRICAL   CONTROL  201 

JO.  Fixtures. 

51.  Sockets. 

52.  Flexible  cord. 

53.  Arc  lamps  on  constant-potential  circuits. 

54.  Vapor  lamps. 

55.  Gas-filled  incandescent  lamps. 

56.  Transformers,  low  potential. 

57.  Decorative  lighting  systems. 

58.  Theatre  and  moving-picture  establishment  wiring. 

59.  Outline  lighting. 

U.  Lighting  and  power  from  railway  wires. 

12.  Garages. 

13.  Electric  cranes. 

14.  Wires,  high  potential  systems. 

15.  Transformers,  high  potential. 
§  447.  Wires,  extra-high  potential. 

Sec.  416.  Wires,  general. — a.  Wires  must  not  be  of  smaller  size 
than  No.  14  B.  &  S.  gage,  except  as  allowed  for  fixture  work  and 
pendant  cord. 

b.  Conductors  of  size  No.  8  B.  &  S.  gage  or  over  used  in  connection 
with  solid  knobs  must  be  securely  tiecT thereto.    If  wires  are  used  for 
tying  they  must  have  an  insulation  of  the  same  type  as  the  conduc- 
tors they  confine.    Split  knobs  or  cleats  must  be  used  for  the  support 
of  conductors  smaller  than  No.  8  B.  &  S.  gage. 

Knobs  or  cleats  which  are  arranged  to  grip  the  wire  must  be 
fastened  by  either  screws  or  nails.  If  nails  are  used,  they  must  be 
long  enough  to  penetrate  the  woodwork  not  less  than  %  the  length 
of  the  knob  and  fully  the  thickness  of  the  cleat,  and  must  be  pro- 
vided with  washers  which  will  prevent,  under  reasonable  usage, 
injury  to  the  knobs  or  cleats. 

c.  Wires  must  be  so  spliced  or  joined  as  to  be  both  mechanic- 
ally and  electrically  secure  without  solder.     The  joints  must  then 
be  soldered  unless  made  with  some  form  of  approved  splicing  de- 
vice, and  covered  with  an  insulation  equal  to  that  on  the  con- 
ductors. 

Stranded  wires  (except  in  flexible  cords)  must  be  soldered  before 
being  fastened  under  clamps  or  binding  screws,  and  whether  stranded 
or  solid,  when  they  have  a  conductivity  greater  than  that  of  No.  8 
B.  &  S.  gage  they  must  be  soldered  into  lugs  for  all  terminal  connec- 
tions, except  where  an  approved  solderless  terminal  connector  is 
used. 

d.  Wires  must  be  separated  from  contact  with  walls,  floors,  timbers 
or  partitions  through  which  they  may  pass  by  non-combustible, 
non-absorptive  insulating  tubes,  such  as  glass  or  porcelain,  except  at 
outlets  where  approved  flexible  tubing  is  required. 

Bushings  must  be  long  enough  to  bush  the  entire  length  of  the  hole 
in  one  continuous  piece,  or  else  the  hole  must  first  be  bushed  by  a 
continuous  waterproof  tube.  This  tube  may  be  a  conductor,  such 
as  iron  pipe,  but  in  that  case  an  insulating  bushing  must  be  pushed 
into  each  end  of  it,  extending  far  enough  to  keep  the  wire  absolutely 
out  of  contact  with  the  pipe. 

e.  Where  not  enclosed  in  approved  conduit,  moulding  or  armored 


202  CODE   OP   ORDINANCES  OP  THE   CITY  OP  NEW  YORK 

cable,  and  where  liable  to  come  in  contact  with  gas,  water  or  other 
metallic  piping  or  other  conducting  material,  wires  must  be  separated 
therefrom  by  some  continuous  and  firmly  fixed  non-conductor  creat- 
ing a  permanent  separation.  Must  not  come  nearer  than  2  inches 
to  any  other  electric  lighting,  power  or  signaling  wire,  not  en- 
closed as  above,  without  being  permanently  separated  therefrom 
by  some  continuous  and  firmly  fixed  non-conductor.  The  non- 
conductor used  as  a  separator  must  be  in  addition  to  the  regular 
insulation  on  the  wires.  Where  tubes  are  used  they  must  be  se- 
curely fastened  at  the  ends  to  prevent  them  from  moving  along  the 
wire. 

Deviations  from  this  rule  may,  when  necessary,  be  allowed  by 
special  permission. 

f .  Wires  must  be  so  placed  ip.  wet  places  that  an  air  space  will  be 
left  between  conductors  and  pipes  in  crossing,  and  the  former  must 
be  run  in  such  a  way  that  they  cannot  come  in  contact  with  the 
pipe  accidentally.     Wires  should  be  run  over,  rather  than  under, 
pipes  upon  which  moisture  is  likely  to  gather  or  which,  by  leaking, 
might  cause  trouble  on  a  circuit. 

g.  The  installation  of  electrical  conductors  in  moulding,  or  on 
insulators,  in  elevator  shafts  will  not  be  approved,  but  conductors 
may  be  installed  in  such  shafts  if  encased  in  approved  metal  conduits 
or  armored  cables. 

h.  In  three  wire  (not  three-phase)  systems,  the  neutral  must  be  of 
sufficient  capacity  to  carry  the  maximum  current  to  which  it  may  be 
subjected. 

§417.  Underground  conductors. — a.  Underground  conductors  must 
be  protected  against  moisture  and  mechanical  injury  where  brought 
into'  a  building,  and  all  combustible  material  must  be  kept  from  the 
immediate  vicinity. 

b.  Underground  conductors  must  not  be  so  arranged  as  to  shunt 
the  current  through  a  building  around  any  catch-box. 

c.  Where  underground  service  enters  building  through  tubes,  the 
tubes  shall  be  tightly  closed  at  outlets  with  asphaltum  or  other  non- 
conductor, to  prevent  gases  from  entering  the  building  through  such 
channels. 

d.  No  underground  service  from  a  subway  to  a  building  and  no 
service  from  a  private  generating  plant  shall  supply  more  than  one 
building,  except  by  special  permission,  unless  the  conductors  are 

Eroperly  protected  by  fuses  and  are  carried  outside  all  the  buildings 
ut  the  one  served.  Where  one  or  more  buildings  are  supplied  from 
another,  the  conductors  are  to  be  carried  outside  the  buildings. 
Conductors  carried  under  2  inches  of  concrete  under  a  building  or 
buried  back  of  2  inches  of  concrete  or  brick  within  a  wall  are  con- 
sidered as  lying  outside  the  building.  These  requirements  do  not 
apply  to  factory  yards  and  factory  buildings  under  single  occupancy 
or  management. 

§  418.  Table  of  allowable  carrying  capacities  of  wires. — a.  The 
following  table,  showing  the  allowable  carrying  capacities  of  copper 
wires  and  cables  of  98  per  cent,  conductivity,  according  to  the  stand- 
ard adopted  by  the  American  Institute  of  Electrical  Engineers,  must 
be  followed  in  placing  interior  conductors. 

For  insulated  aluminum  wire  the  safe  carrying  capacity  is  84  per 


ELECTRICAL   CONTROL 


203 


cent,  of  that  given  in  the  following  table  for  copper  wire  with  the 
same  kind  of  insulation. 


B.  &S. 

Gage 
Number 

Diameter 
of  Solid 
Wire 
in  Mils 

Table  A.  Table  B. 
Area  in     Rubber      Other 
Circular     Insula-     Insula- 
Mils          tion           tion 
Amperes  Amperes 

18    

40.3 

1,624 

3 

5 

16  

50.8 

2,583 

6 

10 

14  

.       64.1 

4,107 

15 

20 

12  

80.8 

6.530 

20 

25 

10 

101  9 

10,380 

25 

30 

8 

128  5 

16,510 

35 

50 

6 

162  0 

26,250 

50 

70 

5  

.     181.9 

33,100 

55 

80 

4  

.     204.3 

41,740 

70 

90 

3  

.     229.4 

52,630 

80 

100 

2 

257  .  6 

66,370 

90 

125 

1 

289  3 

83,690 

100 

150 

0 

325 

105,500 

125 

200 

00      

364  8 

133,100 

150 

225 

000  

.     409.6 

167,800 

175 

275 

200,000 

200 

300 

0000 

460 

211  600 

225 

325 

300,000 

275 

400 

400,000 

325 

500 

500,000 

400 

600 

600,000 

450 

680 

700,000 

500 

760 

800,000 

550 

840 

900,000 

600 

920 

,000,000 

650 

1,000 

,100,000 

690 

1,080 

,200,000 

730 

1,150 

,300,000 

770 

1,220 

,400,000 

810 

1,290 

,500,000 

850 

1,360 

,600,000 

890 

1,430 

,700,000 

930 

1,490 

1,800,000 

970 

1,550 

1,900,000 

1,010 

1,610 

2,000,000 

1,050 

1,670 

1  Mil.  =  0.001  inch. 

§  419.  Switches,  cut-outs,  circuit-breakers,  etc. — a.  On  constant- 
potential  circuits,  all  service  switches  and  all  switches  controlling 
circuits  supplying  current  to  motors  or  heating  devices,  and  all  fuses, 
unless  otherwise  provided  (for  exceptions  as  to  switches  see  §§  208c, 
425a  and  443c  of  this  chapter;  for  exceptions  as  to  cut-outs  see  §  423. 
a  b  of  this  chapter)  must  be  so  arranged  that  the  fuses  will  protect  and 


204  CODE   OF  ORDINANCES   OP  THE   CITY   OF  NEW  YORK 

the  opening  of  the  switch  will  disconnect  all  of  the  wires;  that  is,  in 
the  two-wire  system  the  two  wires,  and  in  the  three-wire  system  the 
three  wires,  must  be  protected  by  the  fuses  and  disconnected  by  the 
operation  of  the  switch. 

When  installed  without  other  automatic  overload  protective 
devices  automatic  overload  circuit  breakers  must  have  the  poles  and 
trip  coils  so  arranged  as  to  afford  complete  protection  against  over- 
loads and  short  circuits.  In  two  or  three  phase  three-wire  circuits, 
and  two-phase  four-wire  circuits  there  must  be  a  trip-coil  in  each  of 
two  phases,  and  in  four-wire  three-phase  circuits  there  must  be  a 
trip-coil  in  each  phase.  If  a  circuit  breaker  is  used  in  place  of  the 
switch  it  must  be  so  arranged  that  no  one  pole  can  be  opened  man- 
ually without  disconnecting  all  the  wires. 

This,  of  course,  does  not  apply  to  the  grounded  circuit  of  street 
railway  systems. 

b.  Switches,   cut-outs  and   circuit-breakers  must,   when  placed 
where  exposed  to  mechanical  injury  or  in  the  immediate  vicinity  of 
easily  ignitible  stuff  or  where  exposed  to  inflammable  gases  or  dust, 
or  flyings  of  combustible  material,  be  mounted  in  approved  cut-out 
boxes  or  cabinets,  except  oil  switches,  circuit  breakers  and  similar 
devices  which  have  approved  casings. 

Cabinets  and  cut-out  boxes  must  be  of  metal  when  used  with  metal 
conduit,  armored  cable  or  metal  moulding  systems. 

In  rooms  where  inflammable  gases  may  exist,  particularly  in 
rooms  or  compartments  containing  mixing  tanks  used  for  the  man- 
ufacture of  inflammable  mixtures,  in  rooms  containing  wash  tanks 
and  in  dyeing  room  of  dry  cleaning  and  dry  dyeing  establishments; 
in  rooms,  vaults  or  compartments  used  for  the  storage  of  inflam- 
mable motion-picture  films  or  other  nitro-cellulose  products,  and  in 
cellars  or  basements  used  for  storage  of  drugs,  all  devices  which 
produce  or  create  sparks  or  arcs  must  be  placed  in  approved  vapor- 
proof  enclosures. 

c.  Switches,   cut-outs  and  circuit-breakers  must,  when  located 
where  exposed  to  moisture  as  in  basements  and  similar  places,  be 
mounted  in  approved  cut-out  boxes  or  cabinets,  and  when  located  in 
wet  places  or  outside  of  buildings  must  be  mounted  in  approved 
weatherproof  cut-out  boxes  or  cabinets. 

d.  Time  switches,  sign  flashers  and  similar  appliances  must  be  of 
approved  design  and  enclosed  in  approved  cabinets,  except  sign 
flashers  mounted  as  described  in  §  583b  of  this  chapter. 

e.  Switches,  cut-outs  and  circuit-breakers  must  have  the  spacing 
within  cabinets  or  cut-out  boxes  between  the  walls  of  the  cabinet  or 
cut-out  box  and  current-carrying  parts  of  devices  as  specified  in  §  570 
of  this  chapter. 

§  420.  Limitation  of  potential. — The  installation  in  any  building, 
except  a  central  station,  or  a  sub-station,  or  a  transformer  vault,  of 
electric  light  or  power  wiring  or  appliances  operating  at  a  potential 
in  excess  of  750  volts  is  prohibited. 

§  421.  Arc  lamps. — Arc  lamps  must  be  provided  at  all  times  with 
glass  globes  surrounding  the  arc  and  securely  fastened  in  place. 
Broken  or  cracked  globes  must  not  be  used.  Globes  must  be  pro- 
vided with  wire  netting  having  a  mesh  not  exceeding  \}/i  inches. 
The  netting  may  be  omitted  where  tight  inner  globes  are  employed. 


ELECTRICAL  CONTROL  205 

J423.  Automatic  cut-outs  (fuses  and  circuit-breakers). — a.  Au- 
tomatic cut-outs  must  be  placed  on  all  service  wires,  either  overhead 
or  underground,  in  the  nearest  accessible  place  to  the  point  where 
they  enter  the  building  and  inside  the  walls,  and  arranged  to  cut  off 
the  entire  current  from  the  building.  Departure  from  this  rule  may 
be  authorized  only  under  special  permission  in  writing. 

Where  the  switch  required  by  §  424a  of  this  chapter  is  inside  the 
building,  the  cut-out  required  by  this  section  must  be  placed  so  as  to 
protect  it,  unless  the  switch  is  of  the  knife-blade  type  and  is  enclosed 
in  an  approved  box  or  cabinet,  under  which  conditions  the  switch 
may  be  placed  between  the  source  of  the  supply  and  the  cut- 
out. 

Automatic  cut-outs  must  not  be  placed  in  any  permanently 
grounded  service  wire. 

In  risks  having  private  plants,  the  yard  wires  running  from  build- 
ing to  building  are  not  considered  as  service  wires,  so  that  cut-outs 
would  not  be  required  where  the  wires  enter  buildings,  provided  that 
the  next  fuse  back  is  small  enough  to  properly  protect  the  wires  in- 
side the  building  in  question. 

b.  Automatic  cut-outs  must  be  placed  at  every  point  where  a 
change  is  made  in  the  size  of  wire,  unless  the  cut-out  in  the  larger 
wire  will  protect  the  smaller  (see  §  418  of  this  chapter) .    This  require- 
ment shall  not  apply  to  fixture  wires  and  flexible  cords  connected 
to  branch  circuits. 

Automatic  cut-outs  must  not  be  placed  in  any  permanently 
grounded  wire,  except  as  provided  in  paragraph  d  of  this  section. 

c.  Automatic  cut-outs  must  be  in  plain  sight  or  enclosed  in  an 
approved  cabinet,  and  readily  accessible.    They  must  not  be  placed 
in  the  canopies  or  shells  of  fixtures. 

Link  fuses  may  be  used  only  when  mounted  on  approved  bases 
which,  except  on  switchboards,  must  be  mounted  in  approved  cut- 
out boxes  or  cabinets.  A  space  of  at  least  two  inches  must  be  pro- 
vided between  the  open-link  fuses  and  metal,  or  metal  lined  walls 
or  metal,  metal  lined  or  glass  paneled  doors  of  cabinet  or  cut-out 
boxes. 

d.  Automatic  cut-outs  must  be  so  placed  that  no  set  of  small 
motors,    small    heating   devices   or   incandescent   lamps,    whether 
grouped  on  one  fixture  or  on  several  fixtures  or  pendants  (nor  more 
than  16  medium  base  sockets  or  25  candelabra  base  sockets  or  lamp 
receptacles)  requiring  more  than  660  watts  will  be  dependent  upon 
one  cut-out. 

By  special  permission,  in  cases  where  wiring  equal  in  size  and  in- 
sulation to  No.  14  B.  &  S.  gage  approved  rubber-covered  wire  is 
carried  direct  into  keyless  sockets  or  receptacles,  and  where  the 
location  of  sockets  and  the  receptacles  is  such  as  to  render  unlikely 
the  attachment  of  flexible  cords  thereto,  the  circuits  may  be  so  ar- 
ranged that  not  more  than  1,320  watts  (or  32  sockets  or  lamp  recep- 
tacles) will  be  dependent  upon  the  final  cut-out. 

Except  for  signs  and  outline  lighting,  sockets  and  lamp  receptacles 
will  be  considered  as  requiring  not  less  than  40  watts  each  if  of  me- 
dium size,  or  25  watts  if  of  candelabra  size. 

All  wires  of  all  branches  or  taps  which  are  directly  connected  to 
lamp  sockets  or  other  translating  devices,  must  be  protected  by 


206  CODE    OF   ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

proper  fuses,  except  that  by  special  permission  in  writing  fuses  may 
be  omitted  in  grounded  wires  of  such  branches  or  taps. 

The  above  shall  also  apply  to  motors,  except  that  small  motors 
may  be  grouped  under  the  protection  of  a  single  set  of  fuses,  provided 
the  rated  capacity  of  the  fuses  does  not  exceed  10  amperes. 

When  1,320  watts  are  dependent  upon  one  fusible  cut-out,  as  is 
allowed  in  theatre  wiring,  outline  lighting,  signs  and  large  chande- 
liers, the  fuses  may  be  in  accordance  with  the  following  table: 

125  volts  or  less 20  amperes 

125  to  250  volts 10  amperes 

e.  The  rated  capacity  of  fuses  must  not  exceed  the  allowable 
carrying  capacity  of  the  wires  as  given  in  §  418  of  this  chapter. 
Circuit-breakers  must  not  be  set  more  than  30  per  cent,  above 
allowable  carrying  capacity  of  the  wire,  unless  a  fusible  cut-out 
is  also  installed  on  the  circuit. 

Where  a  rubber-covered  conductor  carries  the  current  of  only  one 
A.  C.  motor  of  a  type  requiring  large  starting  current,  it  may  be  pro- 
tected by  a  fuse  or  an  automatic  circuit  breaker  without  time  limit 
device,  rated  in  accordance  with  Table  B  of  §  418  of  this  chapter. 
The  rated  continuous  current  capacity  of  a  time  limit  circuit-breaker 
protecting  a  motor  of  the  above  type  need  not  be  greater  than  125 
per  cent  of  the  motor  current  rating,  provided  the  time  limit  device 
is  capable  of  preventing  the  breaker  opening  during  the  starting 
period. 

For  the  protection  of  wires  having  safe  carrying  capacities  exceed- 
ing the  rated  capacity  of  the  largest  approved  enclosed  type  fuses, 
approved  enclosed  fuses  arranged  in  multiple  may  be  used,  provided 
as  few  fuses  as.  possible  are  used  and  the  fuses  are  of  equal  capacity 
and  provided  the  cut-out  terminals  are  mounted  on  a  single  contin- 
uous pair  of  substantial  bus  bars.  The  total  capacity  of  the  fuses 
should  not  exceed  the  safe  carrying  capacity  of  the  wires.  This  does 
not  apply  to  motor  circuits. 

f .  Each  wire  of  motor  circuits  except  on  main,  switchboards  or 
when  otherwise  subject  to  competent  supervision,  must  be  protected 
by  an  approved  fuse  whether  automatic  overload  circuit  breakers 
are  installed  or  not.     Single-phase  motors  may  have  one  side  pro- 
tected by  an  approved  automatic  overload  circuit-breaker  only, 
if  the  other  side  is  protected  by  an  approved  fuse. 

Circuit  breakers  will  be  approved  for  circuits  having  a  maximum 
capacity  greater  than  that  for  which  approved  enclosed  fuses  are 
rated. 

§  424.  Switches. — a.  Switches  must  be  placed  on  all  service  wires, 
either  overhead  or  underground,  in  the  nearest  readily  accessible 
place  to  the  point  where  the  wires  enter  the  building,  and  arranged 
to  cut  off  the  entire  current.  Departure  from  this  rule  may  be  author- 
ized only  under  special  permission  in  writing. » 

Service  cut-out  and  switch  must  be  arranged  to  cut  off  current 
from  all  devices  including  meters.  Service  switches  must  indicate 
plainly  whether  they  are  open  or  closed. 

In  risks  having  private  plants  the  yard  wires  running  from  build- 
ing to  building  are  not  considered  as  service  wires,  so  that  switches 
would  not  be  required  in  each  building  if  there  are  other  switches  con- 
veniently located  on  the  mains  or  if  the  generators  are  near  at  hand. 


ELECTRICAL   CONTROL  207 

b.  Switches  must  always  be  placed  in  dry,  accessible  places,  and 
be  grouped  as  far  as  possible  (see  §  419c  of  this  chapter).    Single- 
throw  knife  switches  must  be  so  placed  that  gravity  will  not  tend  to 
close  them.    Double-throw  knife  switches  may  be  mounted  so  that 
the  throw  will  be  either  vertical  or  horizontal  as  preferred,  but  if 
the  throw  be  vertical  a  locking  device  must  be  provided,  so  con- 
structed as  to  insure  the  blades  remaining  in  the  open  position  when 
so  set. 

When  practicable,  switches  must  be  so  wired  that  blades  will  be 
"dead"  when  switch  is  open. 

When  switches  are  used  in  rooms  where  combustible  flyings  would 
be  likely  to  accumulate  around  them,  they  must  be  enclosed  in  dust- 
tight  cabinets. 

c.  Single-pole  switches  must  never  be  used  as  service  switches, 
nor  for  the  control  of  outdoor  signs  or  circuits  located  in  damp  places, 
not  placed  in  the  neutral  wire  of  a  three-wire  system,  except  in  the 
two-wire  branch  or  tap  circuit  supplying  not  more  than  660  watts. 

This,  of  course,  does  not  apply  to  the  grounded  circuits  of  street 
railway  systems. 

Three-way  switches  are  considered  as  single  pole  switches. 

d.  Where  flush  switches  or  receptacles  are  used,  whether  with 
conduit  systems  or  not,  they  must  be  enclosed  in  an  approved  box 
constructed  of  iron  or  steel,  in  addition  to  the  porcelain  enclosure 
of  the  switch  or  receptacle.     Where  at  floor  outlets,  attachment 
plugs  are  liable  to  mechanical  injury,  or  the  presence  of  moisture 
is  probable,  floor  outlet  boxes  especially  designed  for  this  purpose 
must  be  used. 

e.  Sub-bases  of  non-combustible,  non-absorptive,  insulating  ma- 
terial, which  will  separate  the  wires  at  least  ^  inch  from  the  surface 
wired  over,  must  be  installed  under  all  snap  switches  used  in  exposed 
knob  and  cleat  work.    Sub-bases  must  also  be  used  in  moulding  work 
unless  the  switch  is  approved  for  mounting  directly  on  the  moulding. 

§  425.  Electric  heaters. — a.  Each  heater  of  more  than  6  amperes 
or  660  watts  capacity  must  be  protected  by  a  cut-out,  and  controlled 
by  a  switch  or  plug  connector  plainly  indicating  whether  "on"  or 
"off"  and  located  within  sight  of  the  heater.  Heaters  of  6  amperes 
or  660  watts  capacity,  or  less,  may  be  grouped  under  the  protection 
of  a  single  set  of  fuses,  provided  the  rated  capacity  of  the  fuses  does 
not  exceed  10  amperes,  or  may  be  connected  individually  to  lighting 
circuits  when  the  normal  load  on  the  circuit  at  any  time  will  not 
exceed  660  watts. 

b.  Flexible  conductors  for  smoothing  irons  and  sad  irons,  and  for 
all  devices  requiring  over  250  watts,  must  have  an  approved  insula- 
tion and  covering  complying  with  the  requirements  of  §  5541  of  this 
chapter. 

c.  With  portable  heating  devices,  approved  plug  connectors  must 
be  used,  so  arranged  that  the  plug  may  be  pulled  out  to  open  the 
circuit  without  leaving  any  live  parts  so  exposed  as  to  render  likely 
accidental  contact  therewith.     The  connector  may  be  located  at 
either  end  of  the  flexible  conductor  or  inserted  in  the  conductor  itself. 

d.  Smoothing  irons,  sad  irons  and  other  heating  devices  that  are 
intended  to  be  applied  to  combustible  articles,  must  be  provided  with 
approved  stands. 


208  CODE   OF   ORDINANCES   OF  THE   CITY   OF   NEW   YORK 

e.  Stationary  heaters,  such  as  radiators,  ranges,  plate  warmers, 
etc.,  must  be  so  located  as  to  furnish  ample  protection  between  the 
device  and  surrounding  combustible  material. 

f.  Electric  heaters  must  each  be  provided  with  a  name-plate 
giving  the  maker's  name  and  the  normal  capacity  in  volts  and  am- 
peres or  in  volts  and  watts. 

§  426.  Wires,  low  potential  systems.  1.  General  Rules. — a.  Wires 
where  entering  cabinets,  cut-out  boxes  or  junction  boxes,  except 
where  they  are  in  conduit,  armored  cable  or  metal  moulding,  must 
be  protected  by  approved  bushings,  which  fit  tightly  the  holes  in 
the  box  and  are  well  secured  in  place.  The  wires  should  completely 
fill  the  holes  in  the  bushings  so  as  to  keep  out  the  dust,  tape  being 
used  to  build  up  the -wires  if  necessary. 

The  use  of  permanently  and  reliably  grounded  conductors  not 
complying  with  the  insulation  requirements  of  article  5  of  this  chap- 
ter may  be  authorized  by  special  permission  in  writing. 

b.  Wires  must  not  be  laid  in  plaster,  cement  or  similar  finish, 
and  must  never  be  fastened  with  staples. 

c.  Wires  must  not  be  fished  for  any  great  distance,  and  only  in 
places  where  the  inspector  can  satisfy  himself  that  the  rules  have 
been  complied  with. 

d.  Twin  wires  must  never  be  used,  except  in  conduits,  or  where 
flexible  conductors  are  necessary. 

e.  Wires  must,  where  exposed  to  mechanical  injury,  be  suitably 
protected.    When  crossing  floor  timbers  in  cellars,  or  in  rooms  where 
they  might  be  exposed  to  injury,  wires  must  be  installed  in  approved 
conduit  or  armored  cable  or  be  attached  by  their  insulating  supports 
to  the  under  side  of  a  wooden  strip,  not  less  than  }/£  inch  in  thick- 
ness, and  not  less  than  3  inches  in  width.    Instead  of  the  running- 
boards,  guard  strips  on  each  side  of  and  close  to  the  wires  will  be 
accepted,  these  strips  to  be  not  less  than  7/s  inch  in  thickness,  and 
at  least  as  high  as  the  insulators. 

Protection  on  side  walls  must  extend  not  less  than  7  feet  from  the 
floor  and  must  consist  of  substantial  boxing,  retaining  an  air  space 
of  1  inch  around  the  conductors,  closed  at  the  top  (the  wires  passing 
through  bushed  holes)  or  of  approved  metal  conduit  or  pipe  of  equiv- 
alent strength. 

When  metal  conduit  or  pipe  is  used,  the  insulation  of  each  wire 
must  be  reinforced  by  approved  flexible  tubing  extending  from  the 
insulator  next  below  the  pipe  to  the  one  next  above  it,  unless  the 
conduit  is  installed  according  to  §  428  of  this  chapter,  paragraphs 
c  and  f  thereof  excepted,  and  the  wire  is  approved  for  conduit  use. 
The  two  or  more  wires  of  a  circuit  each  with  its  flexible  tubing  (when 
required),  if  carrying  alternating  current  must,  or  if  direct  current 
may,  be  placed  within  the  same  pipe. 

In  making  open  work  extensions  from  concealed  conduit  or  ar- 
mored cable  installations  the  outlet  boxes  must  first  be  set  out  be- 
yond the  finished  surface  or  else  an  extension  collar  must  be  added. 
This  collar  must  be  electrically  and  mechanically  secured  to  the  box. 

The  conductors  of  the  extension  must  be  brought  out  of  the  side 
of  the  box  or  collar  and  must  be  protected  by  approved  insulating 
bushings  as  required  in  par.  "a"  of  this  section. 

f.  When  run  in  unfinished  attics  or  roof  spaces,  wires  will  be  con- 


ELECTRICAL   CONTROL  209 

sidered  as  concealed,  and  when  run  in  close  proximity  to  water  tanks 
or  pipes,  they  will  be  considered  as  exposed  to  moisture. 

In  unfinished  attics  or  roof  spaces  wires  are  considered  as  exposed 
to  mechanical  injury,  and  must  not  be  run  on  knobs  or  upper  edge 
of  joists.  • 

2.  Open  work  in  dry  places,     g.  Wires  must  have  an  approved 
rubber  (type  R.  S.),  slow-burning  weatherproof  (type  S.  B.  W.), 
or  slow-burning  insulation  (type  S.  B.).     Slow-burning  insulation 
may  be  used  only  in  permanently  dry  locations  and  under  special 
permission  in  writing,  given  in  advance. 

h.  Wires  must  be  rigidly  supported  on  non-combustible,  non- 
absorptive  insulators,  which  will  separate  the  wires  from  each  other 
and  from  the  surface  wired  over  in  accordance  with  the  following 
table: 

Voltage-^-0  to  300;  distance  from  surface,  M  inch;  distance  between 
wires,  2J^  inches. 

Voltage — 301  to  550;  distance  from  surface,  1  inch;  distance  be- 
tween wires,  4  inches. 

Rigid  supporting  requires  under  ordinary  conditions,  where  wiring 
along  flat  surfaces,  supports  at  least  every  43^  feet.  If  the  wires  are 
liable  to  be  disturbed,  the  distance  between  supports  must  be  short- 
ened. In  buildings  of  mill  construction,  mains  of  not  less  than  No. 
8  B.  &  S.  gage,  where  not  liable  to  be  disturbed,  may  be  separated 
about  6  inches,  and  run  from  timber  to  timber,  not  breaking  around, 
and  may  be  supported  at  each  timber  only. 

Wires  must  not  be  "dead-ended"  at  a  rosette,  socket  or  receptacle 
unless  the  last  support  is  within  12  inches  of  the  same. 

3.  Open  work  in  damp  places,  or  buildings  specially  subject  to  mois- 
ture or  to  add  or  other  fumes.     i.  Wires  must  have  an  approve  i  in- 
sulating covering. 

For  protection  against  water,  rubber  insulation  must  be  used. 
For  protection  against  corrosive  vapors,  either  weatherproof  or 
rubber  insulation  must  be  used. 

j.  Wires  must  be  rigidly  supported  on  non-combustible,  non- 
absorptive  insulators,  which  separate  the  wire  at  least  1  inch  from 
the  surface  wired  over,  and  must  be  kept  apart  at  least  2^  inches 
for  voltages  up  to  300,  and  4  inches  for  higher  voltages. 

Rigid  supporting  requires  under  ordinary  conditions,  where 
wiring  over  flat  surfaces,  supports  at  least  every  4^  feet.  If  the 
wires  are  liable  to  be  disturbed,  the  distance  between  supports  must 
be  shortened.  In  buildings  of  mill  construction,  mains  of  not  less 
than  No.  8  B.  &  S.  gage,  where  not  liable  to  be  disturbed,  may  be 
separated  about  6  inches,  and  run  from  timber  to  timber,  not  break- 
ing around,  and  may  be  supported  at  each  timber  only. 

4.  Metal  moulding  work.    k.  Wires  must  have  an  approved  rubber 
insulating  covering  (type  R.  S.),  and  must  be  in  continuous  lengths 
from  outlet  to  outlet,  or  from  fitting  to  fitting,  no  joints  or  taps  to  be 
made  in  moulding.    Where  branch  taps  are  necessary  in  moulding 
work  approved  fittings  for  this  purpose  must  be  used. 

1.  Wires  must  never  be  placed  in  moulding  in  damp  locations; 
must  never  be  placed  in  moulding  in  concealed  locations  or  where 
the  difference  of  potential  between  any  two  wires  in  the  same  system 
is  over  300  volts.  When  the  electrical  construction  is  being  carried 


210  CODE   OF   ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

out  in  moulding,  permission  will  be  given  to  extend  these  mouldings 
through  walls  and  partitions,  if  the  moulding  and  capping  are  in 
continuous  lengths  where  passing  through  the  walls  arid  partitions. 
Mouldings  must  not  be  used  for  circuits  requiring  more  than  1,320 
watts  of  energy. 

m.  Wires  must  for  alternating  current  systems  if  in  metal  mould- 
ing have  the  two  or  more  wires  of  a  circuit  installed  hi  the  same 
moulding. 

5.  Conduit  work.  n.  Wires  must  have  an  approved  rubber  in- 
sulating covering,  and  must  within  the  conduit  tubing  be  without 
splices  or  taps,  and  must  be  provided  with  a  lead  covering  if  the  con- 
duit is  installed  in  a  damp  place  and  is  not  watertight.  Wires  must 
be  double  braided  (type  R.  D.)  for  twin,  twisted  pair  or  multiple 
conductor  cables  and  for  all  single  conductors  of  No.  6  B.  &  S.  gage 
and  larger. 

Slow  burning  insulation  may,  however,  be  used  in  permanently 
dry  locations  where  excessive  temperatures  are  present,  provided 
special  permission  in  writing  be  given  in  advance. 

0.  Wires  must  not  be  drawn  in  until  all  mechanical  work  on  the 
building  has  been,  as  far  as  possible,  completed. 

Conductors  in  vertical  conduit  risers  must  be  supported  within 
the  conduit  system  in  accordance  with  the  following  table: 

No.  14  to  0  every  100  feet. 

No.  00  to  0000  every  80  feet. 

0000  to  350,000  C.  M.  every  60  feet. 

350,000  C.  M.  to  500,000  C.  M.  every  50  feet. 

500,000  C.  M.  to  750,000  C.  M.  every  40  feet. 

750,000  C.  M.  every  35  feet. 

The  following  methods  of  supporting  cables  are  recommended: 

1.  Approved  clamping  devices  constructed  of  or  employing  in- 
sulating wedges  inserted  in  the  ends  of  the  conduit. 

2.  Junction  boxes  may  be  inserted  in  the  conduit  system  at  the 
required  intervals,  hi  which  insulating  supports  of  approved  type 
must  be  installed  and  secured  in  a  satisfactory  manner  so  as  to  with- 
stand the  weight  of  the  conductors  attached  thereto,  the  boxes  to 
be  provided  with  proper  covers. 

3.  Cables  may  be  supported  in  approved  junction  boxes  on  two 
or  more  insulating  supports  so  placed  that  the  conductors  will  be 
deflected  at  an  angle  of  not  less  than  90  degrees,  and  carried  a  dis- 
tance of  not  less  than  twice  the  diameter  of  the  cable  from  its  verti- 
cal position.    Cables  so  suspended  may  be  additionally  secured  to 
these  insulators  by  tie  wires.    Conductors  larger  than  No.  4  B.  & 
S.  gage  must  not  be  materially  deflected  where  they  enter  or  leave 
the  cabinet,  and  where  terminating  in  the  cabinet  must  be  properly 
supported  at  the  end  of  the  conduit. 

Other  methods  may  be  used,  if  specially  approved. 

p.  Wires  must,  for  alternating  systems,  have  the  two  or  more 
wires  of  a  circuit  drawn  in  the  same  conduit. 

Except  in  the  case  of  stage  pocket  and  border  circuits  the  same 
conduit  must  not  contain  more  than  four  two-wire,  or  three  three- 
wire  circuits  of  the  same  system,  except  by  special  permission,  and 
must  never  contain  circuits  of  different  systems. 


ELECTRICAL  CONTROL  211 

6.  Concealed  "knob  and  tube"  work. 

q.  The  installation  of  concealed  knob  and  tube  work  is  prohibited. 

§  427.  Armored  cables. — a.  Armored  cables  must  be  continuous 
from  outlet  to  outlet  or  to  junction  boxes  or  cabinets,  and  the 
armor  of  the  cable  must  properly  enter  and  be  secured  to  all  fit- 
tings, and  the  entire  system  must  be  mechanically  secured  in  posi- 
tion. 

In  case  of  service  connections  and  main  runs,  this  involves  running 
such  armored  cables  continuously  into  a  main  cut-out  cabinet  or 
gutter  surrounding  the  panel  board,  as  the  case  may  be. 

b.  Armored  cables  must  be  equipped  at  every  outlet  with  an  ap- 
proved outlet  box  or  plate,  as  required  in  conduit  work. 

Outlet  plates  must  not  be  used  where  it  is  practicable  to  install 
outlet  boxes. 

For  concealed  work  in  walls  and  ceilings  composed  of  plaster  on 
wooden  joist  or  stud  construction,  outlet  boxes  or  plates  and  also 
cut-out  cabinets  must  be  so  installed  that  the  front  edge  will  not  be 
more  than  J4  inch  back  of  the  finished  surface  of  the  plaster,  and  if 
this  surface  is  broken  or  incomplete  it  shall  be  repaired  so  that  it 
will  not  show  any  gaps  or  open  spaces  around  the  edges  of  the  out- 
let box  or  plate  or  of  the  cut-out  cabinet.  On  wooden  walls  or  ceil- 
ings, outlet  boxes  or  plates  and  cut-out  cabinets  must  be  so  installed 
that  the  front  edge  will  either  be  flush  with  the  finished  surface  or 
project  therefrom.  This  will  not  apply  to  concealed  work  in  walls 
or  ceilings  composed  of  concrete,  tile  or  other  non-combustible 
material. 

In  buildings  already  constructed  where  the  conditions  are  such 
that  neither  outlet  box  nor  plate  can  be  installed,  these  appliances 
may  be  omitted  by  special  permission,  provided  the  armored  cable 
is  firmly  and  rigidly  secured  in  place. 

c.  Armored  cables  must  have  the  metal  armor  of  cables  per- 
manently and  effectually  grounded  to  water  piping,  gas  piping  or 
other  suitable  grounds,  provided  that  when  connections  are  made  to 
gas  piping  they  must  be  on  the  street  side  of  the  meter.    If  the  ar- 
mored cable  system  consists  of  several  separate  sections,  the  sections 
must  be  bonded  to  each  other,  and  the  system  grounded,  or  each 
section  may  be  separately  grounded,  as  required  above. 

The  armor  of  cables  and  gas  pipes  must  be  securely  fastened  in 
outlet  boxes,  junction  boxes  and  cabinets,  so  as  to  secure  good  elec- 
trical connection. 

If  armor  of  cables  and  metal  of  couplings,  outlet  boxes,  junction 
boxes,  cabinets  or  fittings,  having  protective  coating  of  non-conduct- 
ing material,  such  as  enamel,  are  used,  such  coating  must  be  thor- 
oughly removed  from  threads  of  both  couplings  and  the  armor  of 
cables,  and  from  surfaces  of  the  boxes,  cabinets  and  fittings  where 
the  armor  of  cables  or  ground  clamp  is  secured  in  order  to  obtain  the 
requisite  good  connection.  Grounded  pipes  must  be  cleaned  of  rust, 
scale,  etc.,  at  place  of  attachment  of  ground  clamp. 

Connections  to  grounded  pipes  and  to  armor  of  cables  must  be 
exposed  to  view  or  accessible,  and  must  be  made  by  means  of  ap- 
proved ground  clamps. 

Ground  wires  must  be  of  copper,  at  least  No.  10  B.  &  S.  gage  (where 
largest  wire  contained  in  cable  is  not  greater  than  No.  0  B.  &  8. 


212  CODE   OF   ORDINANCES  OF   THE   CITY  OF  NEW   YORK 

gage),  and  need  not  be  greater  than  No.  4  B.  &  S.  gage  (where  largest 
wire  contained  in  cable  is  greater  than  No.  0  B.  &  S.  gage).  They 
shall  be  protected  from  mechanical  injury. 

d.  When  installed  in  so-called  fireproof  buildings  in  course  of 
construction  or  afterwards  if  exposed  to  moisture,  or  where  it  is 
exposed  to  the  weather,  or  in  damp  places,  such  as  breweries,  stables, 
etc.,  the  cable  must  have  a  lead  covering  placed  between  the  outer 
braid  of  the  conductors  and  the  steel  armor. 

The  lead  covering  is  not  to  be  required  when  the  cable  is  run 
against  brick  walls  or  laid  hi  ordinary  plaster  walls  unless  same  are 
continuously  damp. 

e.  Where  entering  junction  boxes,  and  at  all  other  outlets,  etc., 
armored  cables  must  be  provided  with  approved  terminal  fittings 
which  will  protect  the  insulation  of  the  conductors  from  abrasion, 
unless  such  junction  or  outlet  boxes  are  specially  designed  and  ap- 
proved for  use  with  the  cable. 

f .  Junction  boxes  must  always  be  installed  in.  such  a  manner  as  to 
be  accessible. 

g.  For  alternating  current  systems,  armored  cables  must  have 
the  two  or  more  conductors  of  the  circuit  enclosed  in  one  metal 
armor. 

h.  All  bends  must  be  so  made  that  the  armor  of  the  cable  will  not 
be  injured.  The  radius  of  the  curve  of  the  inner  edge  of  any  bend 
shall  not  be  less  than  \Y^  inches. 

§  428.  Interior  conduits. — a.  No  conduit  smaller  than  Y%  inch, 
electrical  trade  size,  shall  be  used. 

b.  Interior  conduits  must  be  continuous  from  outlet  to  outlet  or 
to  junction  boxes  or  cabinets,  and  the  conduit  must  properly  enter, 
and  be  secured  to  all  fittings  and  the  entire  system  must  be  me- 
chanically secured  in  position. 

In  case  of  service  connections  and  main  runs,  this  involves  running 
each  conduit  continuously  into  a  main  cut-out  cabinet  or  gutter 
surrounding  the  panel  board,  as  the  case  may  be.  Departure  from 
this  rule  may  be  authorized  in  case  of  underground  services  by  spe- 
cial permission. 

c.  Interior  conduits  must  be  first  installed  as  a  complete  conduit 
system,  without  the  conductors. 

d.  Interior  conduits  must  be  equipped  at  every  outlet  with  an 
approved  outlet  box  or  plate.    At  exposed  ends  of  conduit  (but  not  at 
fixture  outlets)  where  wires  pass  from  the  conduit  system  without 
splice,  joint  or  tap,  an  approved  fitting  having  separately  bushed 
holes  for  each  conductor  must  be  used.     Departure  from  this  rule 
may  be  authorized  by  special  permission. 

Outlet  plates  must  not  be  used  where  it  is  practicable  to  install 
outlet  boxes. 

For  concealed  work  in  walls  and  ceilings  composed  of  plaster  on 
wooden  joist  or  stud  construction,  outlet  boxes  or  plates  and  also 
cut-out  cabinets  must  be  so  installed  that  the  front  edge  will  not  be 
more  than  %  inch  back  of  the  finished  surface  of  the  plaster,  and  if 
this  surface  is  broken  or  incomplete  it  shall  be  repaired  so  that  it  will 
not  show  any  gaps  or  open  spaces  around  the  edges  of  the  outlet 
box  or  plate  or  of  the  cut-out  cabinet.  On  wooden  walls  or  ceilings, 
outlet  boxes  or  plates  and  cut-out  cabinets  must  be  so  installed  that 


ELECTRICAL  CONTROL  213 

the  front  edge  will  either  be  flush  with  the  finished  surface  or  pro- 
ject therefrom.  This  will  not  apply  to  concealed  work  in  walls  or 
ceilings  composed  of  concrete,  tile  or  other  non-combustible  ma- 
terial. 

In  buildings  already  constructed  where  the  conditions  are  such 
that  neither  outlet  box  nor  plate  can  be  installed,  these  appliances 
may  be  omitted  providing  the  conduit  ends  are  bushed  and  se- 
cured. 

e.  Metal  conduits  where  they  enter  junction  boxes,  and  at  all 
other  outlets,  etc.,  must  be  provided  with  approved  bushings  or 
fastening  plates  fitted  as  to  protect  wire  from  abrasion,  except  when 
such  protection  is  obtained  by  the  use  of  approved  nipples,  properly 
fitted  in  boxes  or  devices. 

f.  Interior  conduits  must  have  the  metal  of  the  conduit  perma- 
nently and  effectually  grounded  to  water  piping,  gas  piping  or  other 
suitable  grounds,  provided  that  when  connections  are  made  to  gas 
piping,  they  must  be  on  the  street  side  of  the  meter.    If  the  conduit 
system  consists  of  several  separate  sections,  the  sections  must  be 
bonded  to  each  other,  and  the  system  grounded,  or  each  section  may 
be  separately  grounded,  as  required  above.     Where  short  sections 
of  conduit  (or  pipe  of  equivalent  strength)  is  used  for  the  protection 
of  exposed  wiring  on  side  walls,  and  such  conduit  or  pipe  and  wiring 
is  installed  as  required  by  §  426e  of  this  chapter,  the  conduit  or  pipe 
need  not  be  grounded. 

Conduits  and  gas  pipes  must  be  securely  fastened  in  outlet  boxes, 
junction  boxes  and  cabinets,  so  as  to  secure  good  electrical  connec- 
tions. 

If  conduit  couplings,  outlet  boxes,  junction  boxes,  cabinets  or 
fittings,  having  protective  coating  of  non-conducting  material,  such 
as  enamel,  are  used,  such  coating  must  be  thoroughly  removed  from 
threads  of  both  couplings  and  conduit,  and  such  surfaces  of  boxes, 
cabinets  and  fittings  where  the  conduit  or  ground  clamp  is  secured 
in  order  to  obtain  the  requisite  good  connection.  Grounded  pipes 
should  be  cleaned  of  rust,  scale,  etc.,  at  place  of  attachment  of  ground 
clamp. 

Connections  to  grounded  pipes  and  to  conduit  must  be  exposed  to 
view  or  accessible,  and  must  be  made  by  means  of  approved  ground 
clamps. 

Ground  wires  must  be  of  copper  at  least  No.  10  B.  &  S.  gage 
(where  largest  wire  contained  in  conduit  is  not  greater  than  No.  0 
B.  &  S.  gage),  and  need  not  be  greater  than  No.  4  B.  &  S.  gage  (where 
largest  wire  contained  in  conduit  is  greater  than  No.  0  B.  &  S.  gage). 
They  shall  be  protected  from  mechanical  injury. 

g.  Junction  boxes  must  always  be  installed  in  such  a  manner 
as  to  be  accessible.     Such  boxes  are  considered  to  be  accessible 
when   installed   in   an  -attic   that  has  sufficient  head  room,   but 
which   is    reached    only    by    a   portable    ladder   and    permanent 
hatch. 

h.  All  elbows  or  bends  must  be  so  made  that  the  conduit  will  not 
be  injured.  The  radius  of  the  curve  of  the  inner  edge  of  any  elbow 
shall  not  be  less  than  3^  inches.  There  must  be  not  more  than  the 
equivalent  of  4  quarter  bends  from  outlet  to  outlet,  the  bends  at 
the  outlets  not  being  counted. 


214 


CODE    OF   ORDINANCES   OP  THE    CITY   OP   NEW   YORK 


i.  Conduit  sizes  for  various  numbers,  gauges  and  types  of  con- 
ductors must  conform  to  the  following  table: 

Size  of  Conduits  for  the  Installation  of  Wires  and  Cables  —  Number 
of  Conductors 

Size 
B.  &S. 

One 
Conductor 
in  a 
Conduit. 
Size  Con- 
duit, In. 
Electrical 
Trade 
Size 

Two 
Conductor 
in  a 
Conduit. 
Size  Con- 
duit, In. 
Electrical 
Trade 
Size 

Three 
Conductor 
in  a 
Conduit. 
Size  Con- 
duit, In. 
Electrical 
Trade 
Size 

Four 
Conductor 
in  a 
Conduit. 
Size  Con- 
duit, In. 
Electrical 
Trade 
Size 

14.. 
12 

1/2 

1/2 
3/4 
3/4 

1 

1  1/4 
1  1/4 
1  1/4 
1  1/4 
1  1/2 
1  1/2 
2 
2 
2 

2 

2  1/2 
2  1/2 
3 
3 
3 
3  1/2 
3  1/2 
3  1/2 
4 
4  1/2 
4  1/2 
5 
5 
inductor 
3/4 
3/4 

1/2 
3/4 
3/4 
1 
1  1/4 
1  1/4 
1  1/4 
1  1/4 
1  1/2 
1  1/2 
2 
2 
2 
2  1/2 

2  1/2 
2  1/2 
2  1/2 
3 
3 
3  1/2 
3  1/2 
4 
4 
4 
4  1/2 
5 
5 
'  6 

1 
1 

1  1/4 

3/4 
3/4 

1 

1  1/4 
1  1/4 
1  1/2 
1  1/2 
1  1/2 
2 
2 
2  1/2 
2  1/2 
2  1/2 

1  1/2 
3 
3 
3  1/2 
3  1/2 

1 

1  1/4 

1  1/4 

1/2 

10 

1/2 

8.  . 
6.. 
5.. 
4.  . 

1/2 
1/2 
3/4 
3/4 

3.  . 

3/4 

2 

3/4 

1 

3/4 

00 

1 

00 

1 

000.  . 
0000 

1 
11/4 

C.  M 

200000  .  . 

1  1/4 

250000 

1  1/4 

300000 

1  1/4 

400000 

1  1/4 

500000 

11/2 

600000  . 

11/2 

700000.  . 

2 

800000  .  . 

2 

900000  .  . 
1000000 

2 
2 

1250000 

2  1/2 

1500000 

21/2 

1750000    . 

3 

2000000.  . 
14 

3 

Twin  Cc 

1/2 

12 

1/2 

10. 

3/4 

ELECTRICAL   CONTROL  215 

3  Conductor  Convertible  System 


Size  of  Conductors 

Size  Con- 
duit, In. 
Electrical 
Trade  Size 

2-Conductor 
Size  B.  &  S. 

1-Conductor 
Size  B.  &  S. 

14 

10 

3/4 

12 

8 

3/4 

10 

6 

1 

8 

4 

1 

6 

2 

1  1/4 

5 

1 

1  1/4 

4 

0 

1  1/2 

3 

00 

1  1/2 

2 

000 

1  1/2 

1 

0000 

2 

0 

250000 

2 

00 

350000 

2  1/2 

000 

400000 

2  1/2 

0000 

550000 

3 

250000 

600000 

3 

300000 

800000 

3 

400000 

1000000 

3  1/2 

500000 

1250000 

4 

600000 

1500000 

4 

700000 

1750000 

4  1/2 

800000 

2000000 

4  1/2 

Single  Conductor  Combination 

Note — Where  special  permission  has  been  given  in  accordance 
with  section  426  of  this  chapter,  the  following  table  to  apply: 

Size  Con- 
No,  of  duit,  In. 
Wires.                                                                                        Electrical 

Trade  Size 

3  No.  14R.C.  solid.  .  H 

5  No.  14  R.  C.  solid Y± 

10  No.  14  R.  C.  solid 1 

18  No.  14  R.  C.  solid 1& 

24  No.  14  R.  C.  solid \Y2 

40  No.  14  R.  C.  solid 2 

74  No.  14  R.  C.  solid 2% 

90  No.  14  R.  C.  solid.  .  3 


§  429.  Metal  mouldings. — a.   Metal  moulding  must  be  continuous 
from  outlet  to  outlet,  to  junction  boxes,  or  approved  fittings  designed 


216  CODE    OF    ORDINANCES   OF   THE    CITY   OF   NEW    YORK 

especially  for  use  with  metal  mouldings,  and  must  at  all  outlets  be 
provided  with  approved  terminal  fittings  which  will  protect  the 
insulation  of  conductors  from  abrasion,  unless  such  protection  is 
afforded  by  the  construction  of  the  boxes  or  fittings. 

b.  Such  moulding  where  passing  through  a  floor  must  be  carried 
through  an  iron  pipe  extending  from  the  ceiling  below  to  a  point  5 
feet  above  the  floor,  which  will  serve  as  an  additional  mechanical 
protection  and  exclude  the  presence  of  moisture  often  prevalent  in 
such  locations. 

Where  the  mechanical  strength  of  the  moulding  itself  is  adequate, 
this  ruling  may  be  modified  to  require  the  protecting  piping  from  the 
ceiling  below  to  a  point  at  least  3  inches  above  the  flooring. 

Where  such  mouldings  pass  through  a  partition  the  iron  pipe  re- 
quired for  passing  through  floors  may  be  omitted  and  the  moulding 
passed  directly  through,  providing  the  partition  is  dry  and  the  mould- 
ing is  in  a  continuous  length  with  no  joint  or  couplings  within  the 
partition. 

c.  Backing  must  be  secured  in  position  by  screws  or  bolts,  the 
heads  of  which  must  be  flush  with  the  metal. 

d.  Metal  moulding  must  be  permanently  and  effectively  grounded 
to  water  piping,  gas  piping,  or  other  suitable  grounds,  provided  that 
when  connections  are  made  to  gas  piping  they  must  be  on  the  street 
side  of  the  meter.    If  the  metal  moulding  system  consists  of  several 
separate  sections,  the  sections  must  be  bonded  to  each  other  and  the 
system  grounded,  or  each  section  may  be  separately  grounded,  as  re- 
quired above. 

Metal  mouldings  and  gas  pipes  must  be  securely  fastened  to  outlet 
boxes,  junction  boxes  and  cabinets,  so  as  to  secure  a  good  electrical 
connection.  Moulding  must  be  so  installed  that  adjacent  lengths 
of  moulding  will  be  mechanically  and  electrically  secured  at  all 
points. 

If  metal  moulding,  couplings,  outlet  boxes,  junction  boxes,  cabinets 
or  fittings  having  protective  coating  of  non-conducting  material 
such  as  enamel  are  used,  such  coating  must  be  thoroughly  removed 
from  threads  of  couplings  and  metal  mouldings,  and  from  the  surface 
of  boxes,  cabinets  and  fittings,  where  the  metal  moulding  or  ground 
clamp  is  secured  in  order  to  obtain  the  requisite  good  connection. 
Grounded  pipes  should  be  cleaned  of  rust,  scale,  etc.,  at  the  place 
of  attachment  of  the  ground  clamp. 

Connection  to  grounded  pipes  and  to  metal  mouldings  must  be 
exposed  to  view,  or  accessible,  and  must  be  made  by  means  of  ap- 
proved ground  clamps. 

Ground  wires  must  be  of  copper,  at  least  No.  10  B.  &  S.  gage. 
They  shall  be  protected  from  mechanical  injury. 

e.  Must  be  installed  so  that  for  alternating  systems  the  two  or 
more  wires  of  a  circuit  will  be  in  the  same  metal  moulding. 

§  430.  Fixtures. — a.  Fixtures  must,  except  as  specified  in  para- 
graph b  hereof,  be  insulated  from  their  supports  by  approved  in- 
sulating joints  placed  as  close  as  possible  to  the  ceilings  or  walls. 
Where  insulating  joints  are  required,  fixture  canopies  of  metal  must  be 
thoroughly  and  permanently  insulated  from  metal  walls  or  ceilings 
or  from  plaster  walls  or  ceilings  on  metal  lathing  and  from  outlet 
boxes.  Canopy  insulators  must  be  securely  fastened  in  place  so  as 


ELECTRICAL   CONTROL  217 

to  separate  the  canopies  thoroughly  and  permanently  from  the  sur- 
face and  outlet  boxes  from  which  they  are  designed  to  be  insulated. 
Gas  pipes  must  be  protected  above  the  insulating  joints  by  approved 
insulating  tubing,  and  where1  outlet  tubes  are  used,  they  must  be  of 
sufficient  length  to  extend  below  the  insulating  joint  and  must  be 
so  secured  that  they  will  not  be  pushed  back  when  the  canopy  is 
put  in  place. 

b.  Insulating  joints  and  canopy  insulators  may  be  omitted  in  the 
following  cases: 

1.  Straight  electric  fixtures  metallically  connected  in  a  permanent 
and  effective  manner  to  metal  conduit,  armored  cable  or  metal 
moulding  systems  or  to  gas  piping,  provided  such  gas  piping  is 
grounded  in  the  manner  prescribed  for  conduit  in  §  428  of  this  chapter. 

2.  Straight  electric  fixtures  connected  to  knob  and  tube,  wooden 
molding  or  open  work,  except  on  metal  ceilings  or  on  plaster  walls 
or  ceilings  containing  metal  lathing. 

3.  Straight  electric  fixtures  which  are  permanently  and  effectively 
grounded  to  a  separate  ground  wire  not  smaller  than  No.  14  B.  &  S. 
gage. 

4.  By  special  permission  in  writing,  straight  electric  fixtures  may 
be  grounded  by  connecting  them  by  an  approved  means  to  one  of 
the  supply  wires  of  the  fixture,  provided  such  wire  is  permanently 
and  effectively  grounded,  and  if  there  is  no  fuse,  circuit  breaker  or 
switch  in  that  side  of  the  circuit  between  the  fixture  and  the  ground 
connection. 

5.  Combination  fixtures  in  which  all  wires  have  an  approved 
rubber  insulation  not  less  than  3-64  inch  in  thickness  and  where 
gas  piping  is  grounded,  as  in  subdivision  1  above. 

c.  For  fixtures  which  are  not  attached  to  gas  pipes  or  conduit 
unless  outlet  boxes  or  other  approved  fittings  which  will  give  proper 
support  for  fixtures  are  used,  a  seven-eighths  inch  block  must  be 
fastened  between  studs  or  floor  timbers  flush  with  the  back  of  lath- 
ing to  hold  tubing  and  to  support  fixtures.    When  this  cannot  be 
done,  wooden  base  blocks,  not  less  than  %  inch  in  thickness,  securely 
screwed  to  lathing,  must  be  provided. 

Fixtures  having  so-called  flat  canopies,  tops  or  backs,  will  not  be 
approved  for  installation,  except  where  outlet  boxes  are  used. 

d.  When  installed  out  of  doors,  fixtures  must  be  of  water-tight 
construction. 

e.  Fixture  wires  must  be  not  smaller  than  No.  18  B.  &  S.  gage, 
and  must  have  an  approved  insulating  covering  (see  §  552  of  this 
chapter). 

In  wiring  certain  designs  of  show-case  fixtures,  ceiling  bulls-eyes 
and  similar  appliances  in  which  the  wiring  is  exposed  to  temperatures 
in  excess  of  120  degrees  Fahrenheit  (49  degrees  Centigrade)  from  the 
heat  of  the  lamps,  conductors  having  approved  slow-burning  or  other 
heat-resisting  coverings  must  be  used.  All  such  forms  of  fixtures 
must  be  submitted  for  examination,  test  and  approval  before  being 
introduced  for  use. 

f.  Supply  conductors,  and  especially  the  splices  to  fixture  wires, 
must  be  kept  clear  of  the  grounded  part  of  gas  pipes,  and,  where 
shells  or  outlet  boxes  are  used,  they  must  be  made  sufficiently  large 
to  allow  the  fulfilment  of  this  requirement. 


218  CODE   OF   ORDINANCES   OF  THE   CITY   OF   NEW   YORK 

g.  Fixtures  must,  when  wired  on  the  outside,  have  the  conductors 
so  secured  as  not  to  be  cut  or  abraded  by  the  pressure  of  the  fasten- 
ings or  motion  of  the  fixture. 

Chain  fixtures  must  be  wired  with  flexible  conductors. 

h.  Wires  of  different  systems  must  never  be  contained  in  or  at- 
tached to  the  same  fixture,  and  under  no  circumstances  must  there 
be  a  difference  of  potential  of  more  than  300  volts  between  wires 
contained  in  or  attached  to  the  same  fixtures. 

i.  Fixtures  must  be  free  from  short  circuits  between  conductors 
and  from  contacts  between  conductors  and  metal  parts  of  fixtures, 
and  must  be  tested  for  such  conditions  before  being  connected  to 
supply  conductors. 

§  431.  Sockets. — a.  In  rooms  where  inflammable  gases  may  exist 
(see  §  419b  of  this  chapter)  the  incandescent  lamp  and  socket  must 
be  enclosed  in  a  vapor-tight  globe,  and  supported  on  a  pipe-hanger, 
wired  with  approved  rubber-covered  wire  soldered  directly  to  the 
circuit. 

b.  In  damp  or  wet  places,  or  where  exposed  to  corrosive  vapors, 
weatherproof  sockets  especially  approved  for  the  location  must  be 
used.    Unless  made  up  on  fixtures  they  must  be  hung  by  stranded 
rubber-covered  conductors  not  smaller  than  No.  14  B.  &  S.  gage, 
which  should  preferably  be  twisted  together  when  the  pendant  is 
over  3  feet  long. 

These  wires  must  be  soldered  direct  to  the  circuit  wires  but  sup- 
ported independently  of  them. 

c.  Key  sockets  will  not  be  approved  if  installed  over  specially 
inflammable  stuff,  or  where  exposed  to  flyings  of  combustible  ma- 
terial. 

§  432.  Flexible  cord. — a.  Flexible  cord  must  have  an  approved 
insulation  and  covering. 

b.  Flexible  cord  must  not  be  used  where  the  difference  of  potential 
between  the  two  wires  is  over  300  volts. 

c.  Flexible  cord  must  not  be  used  as  a  support  for  clusters. 

d.  Flexible  cord  must  not  be  used  except  for  pendants,  wiring  of 
fixtures,  portable  lamps  or  motors,  portable  heating  apparatus  or 
other  portable  devices. 

For  all  portable  work,  including  those  pendants  which  sare  liable 
to  be  moved  about  sufficiently  to  come  in  contact  with  surrounding 
objects,  flexible  wires  and  cables  especially  designed  to  withstand 
severe  service  must  be  used. 

When  necessary  to  prevent  portable  lamps  from  coming  in  contact 
with  inflammable  materials,  or  to  protect  them  from  breakage, 
they  must  be  surrounded  with  a  substantial  guard. 

e.  Unless  provided  with  approved  metal  armor,  flexible  cord  must 
'not  be  used  in  show  windows  or  show  cases,  except  that  approved 

portable  cord  may  be  used  for  the  purpose  of  supplying  current  to 
portable  lamps  and  other  devices  for  exhibition  purposes. 

f.  Flexible  cord  must  be  protected  by  approved  bushings  where 
the  cord  enters  the  socket,  unless  the  socket  is  so  constructed  that 
no  bushing  is  required. 

g.  Must  be  so  connected  to  all  fittings  that  strain  is  taken  from  the 
joints  and  binding  screws. 

h.  Must  where  passing  through  covers  of  outlet  boxes  be  protected 


ELECTRICAL   CONTROL  219 

by  approved  bushing  especially  designed  for  this  purpose.  So-called 
hard  rubber  composition  bushings  threaded  into  box  covers  must 
not  be  used. 

§  433.  Arc  lamps  on  constant  potential  circuits. — a.  There  must 
be  a  cut-out  (see  §  419  of  this  chapter)  for  each  lamp  or  each  series 
of  lamps. 

The  branch  conductors  must  have  a  carrying  capacity  about  50 
per  cent,  in  excess  of  the  normal  current  required  by  the  lamp. 

b.  Arc  lamps  must  be  furnished  only  with  such  resistances  or  regu- 
lators as  are  enclosed  in  non-combustible  material,  such  resistances 
being  treated  as  sources  of  heat.    Incandescent  lamps  must  not  be 
used  for  this  purpose. 

c.  Arc  lamps  must  be  supplied  with  globes  and  protected  by  spark 
arresters  and  wire  netting  around  the  globe,  as  in  the  case  of  series 
arc  lamps  (see  §  421  of  this  chapter). 

Outside  arc  lamps  must  be  suspended  at  least  8  feet  above  side- 
walks. Inside  arc  lamps  must  be  placed  out  of  reach  or  suitably 
protected. 

d.  Arc  lamps,  when  arranged  to  be  raised  and  lowered,  either  for 
carboning  or  other  purposes,  shall  be  connected  up  with  stranded 
conductors  from  the  last  point  of  support  to  the  lamp,  when  such 
conductor  is  larger  than  No.  14  B.  &  3.  gage. 

e.  Economy  and  compensator  coils  for  arc  lamps  must  be  mounted 
on  non-combustible,  non-absorptive,  insulating  supports,  such  as 
glass  or  porcelain,  allowing  an  air  space  of  at  least  one  inch  between 
frame  and  support,  and  must  in  general  be  treated  as  sources  of 
heat. 

§  434.  Vapor  lamps.  1.  Enclosed  mercury  vapor  lamps. — a.  En- 
closed mercury  vapor  lamps  must  have  a  cut-out  for  each  lamp  or 
series  of  lamps  except  when  contained  in  a  single  frame  and  lighted 
by  a  single  operation  in  which  case  not  more  than  5  lamps  should 
be  dependent  upon  a  single  cut-out. 

b.  Enclosed  mercury  vapor  lamps  must  be  furnished  only  with 
such  resistances  or  regulators  as  are  enclosed  in  non-combustible 
cases,  such  resistances  to  be  treated  as  sources  of  heat.  In  locations 
where  these  resistances  or  regulators  are  subject  to  flyings  of  lint  or 
combustible  material,  all  openings  through  cases  must  be  protected 
by  fine  wire  gauze. 

2.  High-potential  vacuum  tube  systems. — c.  The  tube  must  be  so 
installed  as  to  be  free  from  mechanical  injury  or  liability  to  contact 
with  inflammable  materials. 

d.  High-potential  coils  and  regulating  apparatus  must  be  installed 
in  approved  steel  cabinet  not  less  than  1-10  inch  in  thickness;  same 
to  be  well  ventilated  in  such  a  manner  as  to  prevent  the  escape  of 
any  flame  or  sparks,  in  case  of  burnout  in  the  various  coils.  All 
apparatus  in  this  box  must  be  mounted  on  slate  base  and  the  enclos- 
ing case  positively  grounded.  Supplying  conductors  leading  into 
this  high-potential  case  are  to  be  installed  in  accordance  with  the 
standard  requirements  governing  low-potential  systems,  where  such 
wires  do  not  carry  a  potential  of  over  300  volts. 

§  435.  Gas  filled  incandescent  lamps. — a.  Must  be  so  grouped  that 
not  more  than  660  watts  (nor  than  more  16  sockets  or  receptacles) 
will  be  dependent  on  one  cut-out  except  that  in  cases  where  wiring 


220  CODE   OF   ORDINANCES   OF  THE   CITY   OF   NEW   YORK 

equal  in  size  to  No.  14  B.  &  S.  gage  is  carried  directly  into  keyless 
sockets  or  receptacles,  the  location  of  which  is  such  as  to  render  un- 
likely the  attachment  of  flexible  cords  thereto,  the  circuits  may  be 
so  arranged  that  not  more  than  1,320  watts  (or  32  sockets  or  recep- 
tacles) will  be  dependent  on  the  final  cut-out.  Where  a  single 
socket  or  receptacle  is  used  on  a  circuit  the  limitation  of  watts  per- 
missible on  the  final  cut-out  shall  be  the  maximum  capacity  for  which 
such  socket  or  receptacle  is  approved. 

b.  Must  not  be  used  in  show  windows  or  in  other  locations  where 
inflammable  material  is  liable  to  come  in  contact  with  lamp  equip- 
ment except  where  used  in  connection  with  approved  fixtures  where 
temperature  of  any  exposed  portion  of  same  does  not  exceed  200 
degrees  Fahr.  (93  degrees  Centigrade). 

c.  Must  not  be  used  in  connection  with  medium-base  sockets  or 
receptacles  if  of  above  250  watts  nominal  capacity  nor  with  Mogul 
base  sockets  or  receptacles  if  of  above  1,500  watts  capacity. 

d.  Fixtures  within   buildings   must   be   wired   with   conductors 
having   approved   slow-burning   of   other   heat-resisting   coverings 
where  the  temperature  to  which  wire  is  subjected  at  any  point  exceeds 
120  degrees  Fahr.  (49  degrees  Centigrade) .    Where  fixtures  are  placed 
outside  of  buildings  approved  rubber  insulated  wire  is  required. 

§436.  Transformers,  low  potential.  1.  Oil  transformers. — a.  Must 
not  be  placed  inside  any  building  except  central  stations  or  sub- 
stations, unless  in  transformer  vaults  and  by  special  permission. 

2.  Air  cooled  transformers,  b.  Air  cooled  transformers  must  not 
be  placed  inside  of  any  building,  excepting  central  stations  or  sub- 
stations if  the  highest  voltage  of  either  primary  or  secondary  exceeds 
550  volts,  unless  installed  in  approved  transformer  vaults. 

c.  Air  cooled  transformers  must,  with  the  exception  of  bell-ringing 
and  other  signaling  transformers,  be  so  mounted  that  the  case  shall 
be  at  a  distance  of  at  least  1  foot  from  combustible  material  or 
separated  therefrom  by  a  slab  or  panel  of  non-combustible,  non- 
absorptive,  insulating  material,  such  as  slate,  marble  or  soapstone. 

§  437.  Decorative  lighting  systems. — a.  Special  permission  in  writing 
may  be  given  for  the  temporary  installation  of  approved  systems  of 
decorative  lighting,  provided  the  difference  of  potential  between  the 
wires  of  any  circuit  shall  not  be  over  150  volts  and  also  provided  that 
no  group  of  lamps  requiring  more  than  1,320  watts  shall  be  dependent 
on  one  cut-out. 

§  438.  Theatre  and  moving-picture  establishment  wiring. — All  wiring, 
apparatus,  etc.,  not  specifically  covered  by  this  section  must  con- 
form to  the  general  requirements  of  this  chapter,  and  the  term 
"  theatre"  shall  mean,  a  building  or  that  part  of  a  building  regularly 
or  frequently  used  for  dramatic,  operatic,  moving  picture  or  other 
performances  or  shows  or  which  has  a  stage  for  such  performances 
used  with  scenery  or  other  stage  appliances. 

a.  Services.  Where  supply  may  be  obtained  from  2  separate 
street  mains,  2  separate  and  distinct  services  must  be  installed,  one 
service  to  be  of  sufficient  capacity  to  supply  current  for  the  entire 
equipment  of  theatre,  while  the  other  service  must  be  at  least  of 
sufficient  capacity  to  supply  current  for  all  emergency  lights.  Where 
supply  cannot  be  obtained  from  2  separate  sources,  the  feed  for 
emergency  lights  must  be  taken  from  a  point  on  the  street  side  of 


ELECTRICAL   CONTROL  221 

main  service  fuses.  By  "emergency  lights"  are  meant  exit  lights 
and  all  lights  in  lobbies,  stairways,  corridors,  and  other  portions  of 
theatre  to  which  the  public  have  access,  which  are  normally  kept 
lighted  during  the  performance. 

Where  source  of  supply  is  an  isolated  plant  within  the  same  build- 
ing, an  auxiliary  service  of  at  least  sufficient  capacity  to  supply  all 
emergency  lights  must  be  installed  from  some  outside  source,  or  a 
suitable  storage  battery  within  the  premises  may  be  considered  the 
equivalent  of  such  service. 

b.  Stage.    All  permanent  construction  on  stage  side  of  proscenium 
wall,  except  as  hereinafter  provided,  must  be  approved  conduit  or 
armored  cable. 

c.  Switchboards  must  be  of  the  dead  front  type  and  made  of  non- 
combustible,    non-absorptive   insulating    material,    plans   of   each 
board  to  be  approved  before  installation.    Dimmers  must  be  dead 
when  the  switch  controlling  circuit  of  which  dimmer  forms  a  part 
is  open. 

d.  Footlights  must  be  wired  in  approved  conduit  or  armored 
cable,  each  lamp  receptacle  being  enclosed  within  an  approved 
outlet  box,  or  the  lamp  receptacles  may  be  mounted  in  an  iron  or 
steel  box,  metal  to  be  of  a  thickness  not  less  than  No.  20  U.  S.  sheet 
metal  gage,  treated  to  prevent  oxidation,  so  constructed  as  to  enclose 
all  the  wires  and  providing  at  least  one-half  inch  separation  between 
the  metal  of  the  box  and  receptacle  terminals;  wires  to  be  soldered 
to  lugs  of  receptacles. 

Footlights  must  be  so  wired  that  no  set  of  lamps  requiring  more 
than  1,320  watts  nor  more  than  32  receptacles  shall  be  dependent 
upon  one  cut-out. 

e.  Borders  and  proscenium  sidelights. 

1 .  Borders  and  proscenium  sidelights  must  be  constructed  of  steel 
of  a  thickness  not  less  than  No.  20  U.  S.  sheet  metal  gage,  treated  to 
prevent  oxidation,  be  suitably  stayed  and  supported,  and  so  designed 
that  flanges  of  reflectors  will  protect  lamps. 

2.  Borders  and  proscenium  sidelights  must  be  so  wired  that  no 
set  of  lamps  requiring  more  than  1,320  watts  nor  more  than  32  recep- 
tacles shall  be  dependent  upon  one  cut-out. 

3.  Borders  and  proscenium  sidelights  must  be  wired  in  approved 
conduit  or  armored  cable,  each  lamp  receptacle  to  be  enclosed  within 
an  approved  outlet  box,  or  the  lamp  receptacles  may  be  mounted  in 
an  iron  or  steel  box,  metal  to  be  of  a  thickness  not  less  than  No.  20 
U.  S.  sheet  metal  gage,  treated  to  prevent  oxidation,  so  constructed 
as  to  enclose  all  wires  and  providing  at  least  one-half  inch  separation 
between  the  metal  of  the  box  and  receptacle  terminals;  the  wires  to 
be  soldered  to  lugs  of  receptacles. 

4.  Borders  and  proscenium  sidelights  must  be  provided  with  suit- 
able guards  to  prevent  scenery  or  other  combustible  material  coming 
in  contact  with  lamps. 

5.  Cables  for  borders  must  be  of  approved  type  and  suitably  sup- 
ported; conduit  construction  must  be  used  from  switchboard  to 
point  where  cables  must  be  flexible  to  permit  of  the  raising  and 
lowering  of  border. 

6.  For  the  wiring  of  the  border  proper,  wire  with  approved  slow- 
burning  insulation  must  be  used. 


222  CODE   OF   ORDINANCES   OP  THE   CITY   OP  NEW   YORK 

7.  Borders  must  be  suitably  suspended,  and  if  a  wire  rope  is  used 
same  must  be  insulated  by  at  least  one  strain  insulator  inserted  at 
the  border. 

f .  Stage  and  gallery  pockets  must  be  of  approved  type,  insulated 
from  ground  and  controlled  from  switchboard,  each  receptacle  to  be 
not  less  than  35  amperes  rating  for  arc  lamps  nor  15  amperes  for  in- 
candescent lamps,  and  each  receptacle  to  be  wired  to  its  full  capacity. 
Arc  pockets  must  be  wired  with  wire  not  smaller  than  No.  6  B.  &  S. 
gage  and  incandescent  pockets  with  not  less  than  No.  12  B.  &  S.  gage. 

Plugs  for  arc  and  incandescent  pockets  must  not  be  interchangeable. 

g.  Scene  docks.    Where  lamps  are  installed  in  scene  docks,  they 
must  be  so  located  and  installed  that  they  will  not  be  liable  to 
mechanical  injury. 

h.  Curtain  motors  must  be  of  enclosed  type  and  installed  so  as  to 
conform  to  the  requirements  of  §  208  of  this  chapter  (see  §  208). 

i.  Control  for  stage  flues.  In  cases  where  dampers  are  released  by 
an  electric  device,  the  electric  circuit  operating  same  must  be  nor- 
mally closed. 

Magnet  operating  damper  must  be  wound  to  take  full  voltage  of 
circuit  by  which  it  is  supplied,  using  no  resistance  device,  and  must 
not  heat  more  than  normal  for  apparatus  of  similar  construction. 
It  must  be  located  in  loft  above  scenery  and  be  installed  in  a  suitable 
iron  box  with  a  tight  self-closing  door. 

Such  dampers  must  be  controlled  by  at  least  2  standard  single  pole 
switches  mounted  within  approved  iron  boxes  provided  with  self- 
closing  doors,  without  lock  or  latch,  and  located,  one  at  the  elec- 
trician's station  and  others  as  designated. 

j.  Dressing  rooms  must  be  wired  in  approved  conduit  or  armored 
cable.  All  pendant  lights  must  be  equipped  with  approved  reinforced 
cord,  armored  cable  or  steel  armored  flexible  cord. 

All  lamps  must  be  provided  with  approved  guards  which  are 
sealed  or  locked  in  place. 

k.  Portable  equipment.  Arc  lamps  used  for  stage  effects  must  con- 
form to  the  following  requirements: 

1.  Must  be  constructed  entirely  of  metal  of  a  thickness  not  less 
than  No.  20  U.  S.  sheet  metal  gage  except  where  the  use  of  approved 
insulating  material  is  necessary. 

2.  Must  be  substantially  constructed,  and  so  designed  as  to  pro- 
vide for  proper  ventilation?  and  to  prevent  sparks  being  emitted 
from  lamps  when  same  are  in  operation,  and  mica  must  be  used  for 
frame  insulation. 

3.  Front  opening  must  be  provided  with  a  self-closing  hinged  door 
frame,  in  which  wire  gauze  or  glass  must  be  inserted,  except  in  the 
case  of  lens  lamps,  where  the  front  may  be  stationary,  and  a  solid 
door  be  provided  on  back  or  side. 

4.  Must  be  so  constructed  that  neither  carbons  nor  live  parts  will 
be  brought  into  contact  with  metal  of  hood  during  operation,  and 
arc  lamp  frames  and  standards  must  be  so  installed  and  protected 
as  to  prevent  the  liability  of  their  being  grounded. 

5.  Switch  on  standard  must  be  so  constructed  that  accidental  con- 
tact with  any  live  portion  of  same  will  be  impossible. 

6.  All  stranded  connections  in  lamps  and  at  switch  and  rheostat 
must  be  provided  with  approved  lugs. 


ELECTRICAL    CONTROL  223 

7.  Rheostats  must  be  plainly  marked  with  their  rated  capacity 
in  volts  and  amperes,  and,  if  mounted  on  standards,  must  be  raised 
to  a  height  of  at  least  3  inches  above  floor.    Resistance  must  be  en- 
closed in  a  substantial  and  properly  ventilated  metal  case  which 
affords  a  clearance  of  at  least  1  inch  between  case  and  resistance 
element. 

8.  A  competent  operator  must  be  in  charge  of  each  arc  lamp, 
except  that  1  operator  may  have  charge  of  2  lamps  when  they  are  not 
more  than  10  feet  apart,  and  are  so  located  that  he  can  properly 
watch  and  care  for  both  lamps. 

1.  Bunches  must  be  substantially  constructed  of  metal  and  must 
not  contain  any  exposed  wiring;  cable  feeding  bunches  must  be 
bushed  in  an  approved  manner  where  passing  through  the  metal, 
and  must  be  properly  secured  to  prevent  any  mechanical  strain  from 
coming  on  the  connection. 

m.  Strips  must  be  constructed  of  steel  of  a  thickness  not  less  than 
No.  20  U.  S.  sheet  metal  gage,  treated  to  prevent  oxidation,  and 
suitably  stayed  and  supported  and  so  designed  that  flanges  will  pro- 
tect lamps.  Cable  must  be  bushed  in  a  suitable  manner  where 
passing  through  the  metal,  and  must  be  properly  secured  to  prevent 
serious  mechanical  strain  from  coming  on  the  connections.  Strips 
must  be  wired  in  approved  conduit  or  armored  cable,  each  lamp 
receptacle  being  enclosed  within  an  approved  outlet  box  or  the  lamp 
receptacles  may  be  mounted  in  an  iron  or  steel  box,  metal  to  be  of 
a  thickness  not  less  than  No.  20  U.  S.  sheet  metal  gage,  treated  to 
prevent  oxidation,  so  constructed  as  to  enclose  all  wires,  the  wires 
to  be  soldered  to  lugs  of  receptacles. 

n.  Portable  plugging  boxes  must  be  so  constructed  that  no  current 
carrying  part  will  be  exposed,  and  each  receptacle  must  be  protected 
by  approved  fuses  mounted  on  slate  or  marble  bases  and  enclosed 
in  a  fireproof  cabinet  equipped  with  self-closing  doors.  Each  recep- 
tacle must  be  constructed  to  carry  30  amperes  without  undue  heating, 
and  the  busbars  must  have  a  carrying  capacity  equivalent  to  the 
current  required  for  the  total  number  of  receptacles,  and  approved 
lugs  must  be  provided  for  the  connection  of  the  master  cable. 

o.  Pin  plug  connectors  must  be  of  an  approved  type,  so  installed 
that  the  female  part  of  plug  will  be  on  live  end  of  cable,  and  must  be 
so  constructed  that  tension  on  the  cable  will  not  cause  serious 
mechanical  strain  on  the  connections. 

p.  Portable  conductors  used  from  receptacles  to  arc  lamps,  bunches 
and  other  portable  equipments  must  be  approved  stage  cable,  except 
that  for  the  purpose  of  feeding  a  stand  lamp  under  conditions  where 
conductors  are  not  liable  to  severe  mechanical  injury  an  approved 
reinforced  cord  may  be  used,  provided  cut-out  designed  to  protect 
same  is  not  fused  over  10  amperes  capacity. 

q.  Brackets  used  on  scenery  must  oe  wired  entirely  on  the  inside, 
fixture  stem  must  come  through  to  the  back  of  the  scenery  amj  end  of 
stem  be  properly  bushed.  Fixtures  must  be  securely  fastened  in  place. 

r.  String  or  festooned  light  wiring  must  be  of  approved  tvpe, 
joints  to  be  properly  made,  soldered  and  taped,  and  staggered  where 
practicable. 

Where  lamps  are  used  in  lanterns  or  similar  devices,  approved 
guards  must  be  employed. 


224  CODE    OF   ORDINANCES   OP  THE   CITY   OP  NEW   YORK 

s.  Special  electrical  effects.  Where  devices  are  used  for  producing 
special  effects  such  as  lightning,  waterfalls,  etc.,  the  apparatus  must 
be  so  constructed  and  located  that  flames,  sparks,  etc.,  resulting 
from  the  operation  cannot  come  in  contact  with  combustible  mate- 
rial. 

t.  Auditorium  wiring  must  be  installed  in  approved  conduit,  metal 
moulding  or  armored  cable.  Where  receptacles  are  used,  they  must 
be  enclosed  in  approved  boxes. 

Exit  lights  must  not  have  more  than  1  set  of  fuses  between  same 
and  service  fuses.  Exit  lights  and  all  lights  in  halls,  corridors  or  any 
other  part  of  the  building  used  by  audience,  except  the  general 
auditorium  lighting,  must  be  fed  independently  of  the  stage  lighting, 
and  must  be  controlled  only  from  the  lobby  or  other  convenient 
place  hi  front  of  the  house.  All  fuses  must  be  enclosed  in  approved 
cabinets. 

u.  Moving-picture  equipments  other  than  those  of  approved  miniature 
type.  1.  The  arc  lamp  used  as  a  part  of  a  moving-picture  ma- 
chine must  be  constructed,  so  far  as  practicable,  similar  to  arc 
lamps  of  theatres,  and  wiring  to  same  must  not  be  of  less  capacity 
than  No.  6  B.  &  S.  gage.  The  leads  to  the  lamp  and  its  rheostat 
or  equivalent  device  must  be  protected  by  a  plug  cut-out  or  open 
link  fuses,  the  latter  enclosed  in  an  approved  cabinet  with  self-closing 
door.  Cartridge  fuses  will  not  be  permitted. 

2.  Rheostats,   transforming  devices  or  any  substitute  therefor 
must  be  of  types  expressly  designed  and  approved  for  the  purpose. 
Their  installation  and  location  must  be  subject  to  approval  as  parts 
of  the  moving-picture  machine. 

3.  Top  and  bottom  reels  must  be  enclosed  in  steel  boxes  or  maga- 
zines, each  with  an  opening  of  approved  construction  at  bottom  or 
top,  so  arranged  as  not  to  permit  entrance  of  flame  to  magazine. 
No  solder  is  to  be  used  in  the  construction  of  these  magazines.    The 
front  side  of  each  magazine  must  consist  of  a  door  swinging  hori- 
zontally and  be  provided  with  a  substantial  latch. 

4.  An  automatic  shutter  must  be  provided  and  must  be  so  con- 
structed as  to  shield  the  film  from  the  beam  of  light  whenever  the 
film  is  not  running  at  operating  speed.    Shutter  must  be  permanently 
attached  to  the  gate  frame. 

5.  Extra  films  must  be  kept  in  individual  metal  boxes  equipped 
with  tight-fitting  covers. 

6.  Machine  operation  must  be  of  an  approved  type.    If  driven  by 
a  motor,  the  latter  must  be  of  a  type  expressly  designed  and  approved 
for  such  operations,  and  when  so  approved,  motor  driven  machines, 
when  in  charge  of  a  skilled  operator,  may  be  authorized  under  special 
permission  in  writing,  given  in  advance. 

7.  Machine  must  be  placed  in  an  enclosure  or  house  made  of  suit- 
able fireproof  material;  must  be  properly  ventilated,  properly  lighted 
and  lasge  enough  for  operator  to  walk  freely  on  either  side  of  or  back 
of  machine.    All  openings  into  this  booth  must  be  arranged  so  as  to 
be  entirely  closed  by  doors  or  shutters  constructed  of  the  same  or 
equally  good  fire-resisting  material  as  the  booth  itself.     Doors  or 
covers  must  be  arranged  so  as  to  be  held  normally  closed  by  spring 
hinges  or  equivalent  devices. 

8.  Reels  containing  films  under  examination  or  in  process  of  re- 


ELECTRICAL  CONTROL  225 

winding  must  be  enclosed  in  magazines  or  approved  metal  boxes, 
similar  to  those  required  for  films  in  operation,  and  not  more  than 
2  feet  of  film  shall  be  exposed  in  booth. 

v.  Moving-picture  equipments  of  approved  miniature  type  for 
home,  lecture  and  similar  purposes. 

1.  All  equipments  must  be  expressly  approved,  and  such  approval 
must  cover  the  entire  machine,  including  all  attachments,  current- 
controlling  devices  and  other  parts  employed,  including  also  the 
film. 

2.  The  entire  equipment  must  consume  not  more  than  660  watts. 

3.  Arc  lamps  must  be  constructed  so  far  as  practicable  in  accord- 
ance with  the  requirements  of  §  438  k,  1,  2,  3,  4  and  6  of  this  chapter, 
and  incandescent  lamps  must  be  suitably  enclosed. 

4.  Rheostats,  transformers,  switches  and  other  similar  current- 
controlling  devices  must  be  attached  to  and  form  a  part  of  the  ma- 
chine, must  have  no  live  parts  exposed,  and  must  comply  with  the 
requirements  of  §  565  and  §  578  or  §  581  a,  b,  of  this  chapter. 

5.  Films  must  be  of  an  approved  slow-burning  type  having  a 
permanent  distinctive  marker. 

6.  Machines  must  be  so  constructed  that  they  cannot  be  used 
with  films  employed  on  the  full-sized  commercial  moving-picture 
machine.    This  may  be  accomplished  by  using  a  film  of  special  width 
or  with  special  perforations  or  by  any  other  approved  means. 

7.  Machines  must  be  marked  with  the  name  or  trade-mark  of 
the  maker,  and  with  the  voltage  and  current  rating  for  which  they 
are  designed,  and  be  plainly  marked,  "For  use  with  slow-burning 
films  only." 

§  439.  Outline  lighting. — a.  Outline  lighting  must  be  connected 
only  to  low-potential  systems. 

b.  Open  or  conduit  work  or  metal  trough  construction  may  be 
used,  but  moulding  will  not  be  permitted. 

c.  Where  flexible  tubing  is  required,  the  ends  must  be  sealed  and 
painted  with  moisture  repellent  and  kept  at  least  Y^  inch  from  surface 
wired  over. 

d.  Wires  for  use  in  rigid  or  flexible  steel  conduit  must  comply  with 
requirements  for  conduit  work.    Where  armored  cable  is  used,  the 
conductors  must  be  protected  from  moisture  by  lead  sheath  between 
armor  and  insulation. 

e.  Outline  lighting  must  be  protected  by  its  own  cut-out,  and  con- 
trolled by  its  own  switch;  single  pole  switches  must  not  be  used. 
Cut-outs,  switches,  flashers  and  similar  appliances  must  be  of  ap- 
proved types  and  be  installed  as  required  by  this  chapter  for  such 
appliances,  and,  if  outside  the  building,  must,  with  the  exception 
of  transformers  of  weatherproof  type,  be  installed  in  approved 
weatherproof  cabinets. 

f.  Circuits  must  be  so  arranged  that  not  more  than  1,320  watts 
will  be  dependent  upon  one  cut-out. 

g.  Sockets  and  receptacles  must  be  of  the  keyless  porcelain  type 
and  wires  must  be  soldered  to  lugs  on  same.    Miniature  receptacles 
will  not  be  approved  for  outdoor  work. 

h.  For  open  work,  wires  must  be  approved  rubber  covered,  not 
less  than  No.  14  B.  &  S.  gage  and  must  be  rigidly  supported  on  non- 
combustible,  non-absorptive  insulators,  which  separate  the  wires 


226  CODE   OP  ORDINANCES  OP  THE  CITY   OP  NEW  YORK 

at  least  1  inch  from  the  surface  wired  over.  Rigid  supporting  re- 
quires, under  ordinary  conditions  where  wiring  over  flat  surfaces, 
supports  at  least  every  43^  feet.  If  the  wires  are  liable  to  be  dis- 
turbed, the  distance  between  supports  should  be  shortened.  In 
those  parts  of  circuits  where  wires  are  connected  to  approved  recep- 
tacles which  hold  them  at  least  1  inch  from  surface  wired  over,  and 
which  are  placed  not  over  1  foot  apart,  such  receptacles  will  be  con- 
sidered to  afford  the  necessary  support  and  spacing  of  the  wires. 
Between  receptacles  more  than  1  foot,  but  less  than  2  feet,  apart 
an  additional  non-combustible,  non-absorptive  insulator  maintain- 
ing a  separation  and  spacing  equivalent  to  the  receptacles  must  be 
used.  Except  as  above  specified,  wires  must  be  kept  apart  at  least 
21A  inches  for  voltages  up  to  300,  and  4  inches  for  higher  voltages. 

1.  For  metal  trough  construction,  the  troughs  and  other  details 
must  comply  with  the  requirements  of  §  583  a  to  f,  hereof. 

§  441.  Lighting  and  power  from  railway  wires. — Lighting  and  power 
from  railway  wires  must  not  be  permitted,  under  any  pretense,  in 
the  same  circuit  with  trolley  wires  with  a  ground  return,  except 
in  electric  railway  cars,  electric  car  houses,  power  houses,  passenger 
and  freight  stations  connected  with  the  operation  of  electric  rail- 
ways. 

§  442.  Garages.  1.  Definition. — A  garage  is  that  portion  of  a 
building  in  which  any  automobile  carrying  volatile  inflammable 
liquid  is  kept,  whether  such  automobile  be  kept  for  use,  for  sale, 
for  rental,  for  exhibition  or  for  demonstrating  purposes;  and  all  that 
portion  of  a  building  that  is  on  or  below  the  floor  or  floors  on  which 
an  automobile  carrying  volatile  inflammable  liquid  is  kept  and  ia 
not  separated  therefrom  by  tight  unpierced  fire  walls  and  floors. 

2.  Wiring  and  appliances. — a.  All  conductors  except  those  re- 
quired for  pendant  lamps  or  portable  connections  must  be  installed 
in  approved  metal  conduit  or  approved  armored  cable,  except  that 
approved  metal  moulding  may  be  used  only  in  offices  and  show- 
rooms.    Metal  conduits,  armored  cable  or  metal  moulding  must 
be  so  installed  that  all  outlet  and  junction  boxes  shall  be  located  at 
least  four  feet  above  the  floor. 

b.  Flexible  cord  for  pendant  lights  must  be  approved  reinforced 
cord. 

c.  Flexible  cords  for  portable  lamps,  motors  or  other  apparatus 
must  be  approved  cord  designed  for  rough  usage.     The  portable 
cord  must  carry  the  male  end  of  an  approved  phi  plug  connector 
or  equivalent,  the  female  end  being  of  such  design  or  so  hung  that 
the  connector  will  break  apart  readily  at  any  position  of  the  cable. 
The  connector  must  be  kept  at  least  four  feet  above  the  floor. 

d.  Flexible  cable  for  charging  must  be  of  approved  theatre  stage 
type,  this  cable  carrying  parts  of  approved  connectors  of  at  least 
fifty  amperes  capacity.    The  connectors  must  be  of  such  design  or 
so  hung  that  at  least  one  will  break  apart  readily  at  any  position  of 
the  cable.     Current-carrying  parts  of  connectors  must  be  shielded 
to  prevent  accidental  contact.    The  fixed,  or  wall  connector,  must 
be  kept  at  least  four  feet  above  the  floor,  and  if  not  located  on  switch- 
board or  charging  panel,  must  be  protected  against  accidental  con- 
tact. 

e.  Cut-outs,  switches,  key  sockets,  and  receptacles  must  be  placed 


ELECTRICAL   CONTROL  227 

at  least  four  feet  above  the  floor,  except  as  provided  in  paragraph  g 
below. 

f.  All  portable  lights  must  be  equipped  with  approved  keyless 
sockets  of  moulded  composition  or  metal-sheathed  porcelain  type. 
These  sockets  must  be  equipped  with  handle,  hook  and  substantial 
guard. 

g.  Switchboards  and   charging  panels,   at  or    upon   which   are 
mounted  devices  which  in  operation  may  produce  a  spark,  must  be 
located  in  a  room  or  enclosure  provided  for  the  purpose  unless  all 
such  spark  producing  devices  are  at  least  four  feet  above  the  floor 
or  surrounded  by  vapor  proof  enclosures. 

h.  Motors  or  dynamos,  not  actually  a  part  of  a  vehicle,  if  not 
located  at  least  four  feet  above  the  floor,  must  be  of  the  fully  enclosed 
type.  Motors  located  four  feet  or  more  above  the  floor,  if  not  of  the 
fully  eoclosed  type,  must  be  provided  with  wire  screen  of  not  less 
than  No.  14  mesh  over  openings  at  commutator  end. 

§  443.  Electric  cranes. — All  wiring,  apparatus,  etc.,  not  specifically 
covered  by  special  rules  herein  given,  must  conform  to  the  general 
requirements  of  this  chapter  except  that  the  switch  required  by  §  208c 
of  this  chapter  for  each  motor  may  be  omitted. 

a.  Wiring. — 1.  All  wires  except  bare  collector  wires,  those  between 
resistances  and  contact  plates  of  rheostats  and  those  subjected  to 
severe  external  heat,  must  be  approved  rubber-covered  and  not 
smaller  in  size  than  No.  12  B.  &  S.  gage.  Insulation  on  wires  between 
resistances  and  contact  plates  of  rheostats  must  conform  to  para- 
graph d  hereof,  while  wires  subjected  to  severe  external  heat  must 
have  approved  slow-burning  insulation. 

\  2.  All  wires  excepting  collector  wires  and  those  run  in  metal 
conduit  or  approved  flexible  cable  must  be  supported  by  knobs  or 
cleats  which  separate  them  at  least  1  inch  from  the  surface  wired 
over,  but  in  dry  places,  where  space  is  limited  and  the  distance  be- 
tween wires  as  required  by  §  426h  of  this  chapter  cannot  be  obtained, 
each  wire  must  be  separately  encased  in  approved  flexible  tubing 
securely  fastened  in  place. 

Collector  wires  must  be  supported  by  approved  insulators  so 
mounted  that  even  with  the  extreme  movement  permitted  the  wires 
will  be  separated  at  all  times  at  least  \1A  inches  from  the  surface 
wired  over.  Collector  wires  must  be  held  at  the  ends  by  approved 
strain  insulators. 

3.  Main  collector  wires  carried  along  the  runways  must  be  rigidly 
and  securely  attached  to  their  insulating  supports  at  least  every  20 
feet,  and  separated  at  least  6  inches  when  run  in  a  horizontal  plane; 
if  not  run  in  a  horizontal  plane,  they  must  be  separated  at  least  8 
inches.    If  spans  longer  than  20  feet  are  necessary  the  distance  be- 
tween wires  must  be  increased  proportionately,  but  in  no  case  shall 
the  span  exceed  40  feet. 

4.  Where  bridge  collector  wires  are  over  80  feet  long,  insulating 
supports  on  which  the  wires  may  loosely  lie  must  be  provided  at 
least  every  50  feet. 

Bridge  collector  wires  must  be  kept  at  least  2^  inches  apart,  but 
a  greater  spacing  should  be  used  whenever  it  may  be  obtained. 

5.  Collector  wires  must  not  be  smaller  in  size  than  specified  in  the 
following  table  for  the  various  spans: 


228  CODE    OF    ORDINANCES   OF   THE    CITY    OF   NEW    YORK 


Distance  between  Size  Wire 

Rigid  Supports,  Required 

feet.  B.  &  S. 

Oto30 6 

30  to  60 .  .         4 

Over  60 2 

b.  Collectors  must  be  so  designed  that  sparking  between  them 
and  collector  wires  will  be  reduced  to  a  minimum. 

c.  Switches  and  cut-outs. — 1.  The  main  collector  wires  must  be 
protected  by  a  cut-out  and  the  circuit  controlled  by  a  switch.    Cut- 
out and  switch  shall  be  so  located  as  to  be  easy  of  access  from  the 
floor. 

2.  Cranes  operated  from  cabs  must  have  a  cut-out  and  "switch 
connected  into  the  leads  from  the  main  collector  wires  and  so  located 
in  the  cab  as  to  be  readily  accessible  to  the  operator. 

3.  Where  there  is  more  than  one  motor  on  a  single  crane,  each 
motor  lead  must  be  protected  by  a  cut-out  located  in  the  cab  if  there 
is  one. 

d.  Controllers  must  be  installed  according  to  §  204  of  this  chapter, 
except  that  if  the  crane  is  located  out  doors  the  insulation  on  wires 
between  resistances  and  contact  plates  of  rheostats  must  be  rubber 
where  the  wires  are  exposed  to  moisture  and  insulation  is  necessary 
and  also  where  they  are  grouped.    If  the  crane  operates  over  readily 
combustible  material  the  resistances  must  be  placed  in  an  enclosure 
made  of  non-combustible  material,  thoroughly  ventilated  and  so 
constructed  that  it  will  not  permit  any  flames  or  molten  metal  to 
escape  in  the  event  of  burning  out  the  resistances.    If  the  resistances 
are  located  in  the  cab,  this  result  may  be  obtained  by  constructing 
the  cab  of  non-combustible  material  and  providing  sides  which  en- 
close the  cab  from  its  floor  to  a  height  of  at  least  6  inches  above  the 
top  of  the  resistances. 

e.  The  motor  frames,  the  entire  frame  of  the  crane  and  the  tracks 
must  be  permanently  and  effectively  grounded. 

§  444.  Wires,  high  potential  systems  in  central  stations,  sub-stations 
and  transformer  vaults. — Special  permission  in  writing  may  be  given 
for  the  installation  of  wires  of  high  potential  systems  under  such 
restrictions  as  the  commissioner  may  prescribe. 

§  445.  Transformers,  high  potential. — a.  Transformers  must  be 
located  as  near  as  possible  to  the  point  at  which  the  primary  wires 
enter  the  building. 

b.  Transformers  must  be  placed  in  an  enclosure  constructed  of 
fireproof  material.     The  enclosure  shall  have  no  opening  to  the 
building  except  through  an  approved  tight-fitting  fire  door.    It  shall 
be  ventilated  in  some  approved  manner,  be  used  only  to  contain  the 
transformers  and  other  high  potential  regulating  devices,  and  be 
kept  securely  locked  to  prevent  access  by  other  than  responsible 
persons.    Suitable  oil  drains  and  guard  sills  shall  be  provided,  as  may 
be  required  by  the  commissioner. 

c.  The  transformer  case  must  be  permanently  and  effectually 
grounded. 


ELECTRICAL    CONTROL  229 

§  447.  Wires,  extra  high  potential. — a.  Primary  wires  must  not  be 
brought  into  or  over  buildings,  except  power  stations,  sub-stations 
and  transformer  vaults. 

b.  Secondary  wires  must  be  installed  under  rules  for  high-potential 
systems  when  their  immediate  primary  wires  carry  a  current  at  a 
potential  of  over  3,500  volts,  unless  the  primary  wires  are  installed 
in  accordance  with  the  requirements  of  article  3  of  this  chapter  or 
are  entirely  underground. 


ARTICLE  5 

FITTINGS,   MATERIALS   AND   DETAILS   OF   CONSTRUCTION 

(As  amended  by  ord.,  effective  May  29,  1916) 

Sec.  548.  Fittings,  materials  and  details  of  construction. 
"  549.  Wires,  general. 

550.  Rubber  covered  wires. 

551.  Flexible  cords. 

552.  Fixture  wire. 

_  553.  Conduit  wire. 

§  554.  Armored  cable  and  cord. 

555.  Slow  burning  weatherproof  wire. 

556.  Slow  burning  wire. 

557.  Weatherproof  wire. 

558.  Metal  conduits. 

559.  Outlet,  junction  and  flush  switch  boxes. 
§  560.  Metal  mouldings. 

§  561.  Tubes  and  bushings. 

'  562.  Cleats. 

563.  Flexible  tubing. 

564.  Knobs. 

565.  Switches. 

566.  Circuit  breakers.  ^ 

567.  Cut-outs. 
§  568.  Fuses. 

§  569.  Panel  boards. 

§  570.  Cabinets  and  cut-out  boxes. 

§  571.  Rosettes. 

§  572.  Sockets,  including  lamp  receptacles. 

§573. 

§  574.  Arc  lamps. 

§575. 

§  576.  Insulating  joints. 

§  577.  Fixtures. 

§  578.  Rheostats,  resistance  boxes  and  equalizers. 

"  579.  Auto-starters. 

§  580.  Reactive  coils  and  condensers. 

581.  Transformers,  low  potential. 

582.  Lightning  arresters. 

583.  Electric  signs  (for  low  potential  systems  only). 
584. 


230  CODE   OP   ORDINANCES  OP  THE   CITY   OF  NEW   YORK 

Sec.  548.  Fittings,  materials  and  details  of  construction. — The  re- 
quirements and  provisions  of  this  article  prescribe  the  general  char- 
acteristics and  classifications  of  fittings,  materials  and  details  of  con- 
struction. Specifications  for  performance  of  fittings  and  materials, 
both  under  test  and  in  service,  shall  be  as  prescribed  from -time  to 
time  by  the  commissioner.  All  fittings,  materials  and  details  of 
construction  must  be  approved  by  the  commissioner  before  being 
placed  in  service. 

§  549.  Wires,  general. — a.  Wires,  cables  and  cords  of  all  kinds 
designed  to  meet  the  following  specifications  must  have  a  distinctive 
marking  the  entire  length  of  the  coil  so  that  they  may  be  readily 
identified  in  the  field.  They  must  also  be  plainly  tagged  or  marked 
as  follows: 

Wires  described  under  §  557  need  not  have  the  distinctive  markings 
but  are  to  be  tagged. 

1.  The  maximum  working  pressure  or  voltage  for  which  the  wire 
was  tested  or  approved.    This  may  be  omitted  for  the  wires  described 
under  §§  555,  556  and  557  of  this  chapter. 

2.  The  words  "National  Electrical  Code  Standard." 

3.  Name  of  the  manufacturing  company  and,  if  desired,  trade 
name  of  the  wire. 

4.  Month  and  year  when  manufactured. 

5.  The  proper  type  letter  for  the  particular  style  of  wire  or 
cable  as  given  in  the  following  schedule  for  each  type  of  insula- 
tion. 

RS — Rubber  coated  single  braided  for  voltage. 0-600 

RS-15 — Rubber  covered  single  braided  for  maximum  voltage     1500 

RS-25 — Rubber  covered  single  braided  for  maximum  voltage    2500 

RS-35 — Rubber  covered  single  braided  for  maximum  voltage     3500 

RS-50 — Rubber  covered  single  braided  for  maximum  voltage    5000 

RS-70 — Rubber  covered  single  braided  for  maximum  voltage    7000 

RD,  RD15 — Rubber  covered  double  braided,  etc. 

RSL — Rubber  covered,  single  braided,  leaded. 

RDL — Rubber  covered,,  double  braided,  leaded. 

AC — Wires  for  use  in  armored  cable. 

ACL — Leaded  wires  for  use  hi  armored  cable. 

b.  Conductors  or  the  strands  of  conductors  must  not  vary  in  either 
diameter  or  in  conductivity  more  than  an  approved  per  cent,  from 
the  standards  adopted  by  the  American  Institute  of  Electrical  En- 
gineers. 

§  550.  Rubber-covered  wire.  a.  Conductors. — No  individual  con- 
ductor, whether  solid  or  stranded,  shall  be  less  than  No.  14  B.  & 
S.  gage  in  nominal  size. 

All  conductors  and  the  individual  wires  of  stranded  conductors 
shall  be  tinned. 

b.  Insulation.  Conductors  shall  be  insulated  for  their  entire 
length  with  a  properly  applied  and  properly  vulcanized  rubber  com- 
pound. 

The  insulation  must  be  of  the  nominal  thickness  given  in  the  fol- 
lowing table,  the  requirements  of  which  vary  according  to  the 
of  conductors  and  the  maximum  working  pressure: 


ELECTRICAL  CONTROL  231 

Table  of  Thickness  of  Rubber  Insulation  for  Rubber-Covered  Wires 
and  Cables  in  64th  Inches 

Type  Letters 


RS    RS-15  RS-25  RS-35  RS-50  RS-70 
For  Working  Pressures  Not  Over 


oizcj  01  vxmuuui/or 

600 

Volts 

1500 
Volts 

2500 
Volts 

3500 
Volts 

5000 
Volts 

7000 
Volts 

American  or  B.  &  S. 

Gage— 

14  to  8 

3 

4 

6 

8 

12 

16 

7  to  2  

..      4 

5 

6 

8 

12 

16 

1  to  0000  C.  M  

..      5 

6 

7 

8 

12 

16 

225,000  to  500,000.  . 
525,000  to  1,000,000. 

..      6 

.  .      7 

7 
8 

8 
9 

9 
10 

12 
12 

16 
16 

Over  1,000,000  

..      8 

9 

10 

11 

14 

18 

c.  Coverings.  All  single  conductor  rubber-insulated  wires  and 
cables  must  have  a  covering  of  fibrous  material  applied  directly  to 
the  surface  of  the  insulating  wall. 

For  any  single  conductor  wire  there  shall  be  at  least  one  braid  for 
sizes  from  No.  14  to  and  including  No.  8.  For  all  single  conductor 
cables  larger  than  No.  8  there  must  be  at  least  two  braids  or  a  tape 
and  a  braid. 

For  twin  wires  and  twisted  pair  wires  and  for  all  multiple  con- 
ductor cables  there  shall  be  a  fibrous  covering  on  each  individual 
wire  and  in  addition  a  braid  enclosing  the  bunched  conductors. 

For  certain  special  service  conditions,  one  or  more  additional  cover- 
ings of  fibrous  material  or  of  lead  are  required. 

Fibrous  coverings  may  be  either  braid  or  tape,  but  tape  shall  not 
be  used  for  the  outer  covering.  All  braids  must  be  impregnated 
with  a  moisture-proof  compound. 

Lead  coverings  may  be  applied  to  single  or  multiple  conductors. 
Lead  covered  multiple  conductor  cable  with  more  than  two  con- 
ductors must,  in  all  cases,  have  the  conductors  spirally  laid. 

In  all  cases,  the  individual  conductors  in  lead  covered  cable  must 
have  a  fibrous  covering  and,  except  for  two  conductor  cables,  with 
conductors  parallel,  there  must  be  a  fibrous  covering  over  bunched 
conductors. 

The  thickness  of  lead  covering  shall,  in  all  cases,  be  that  specified 
for  cables  for  the  various  sizes  and  forms. 

§  551.  Flexible  cords. — For  pendant  lamps  and  for  portable  use,  in- 
cluding elevator  lighting  and  control  cables,  and  theatre  stage  and 
border-light  cables. 

a.  These  cords  and  cables  must  comply  with  the  requirements  of 
§  549  a  and  b  of  this  chapter. 

b.  Conductors.     Each  conductor  must  have  a  carrying  capacity 
not  leas  than  that  of  a  No.  18  B.  &  S.  gauge  wire  and  be  built  up 
from  wires  of  approved  sizes. 


232 


CODE    OP   ORDINANCES   OP   THE   CITY   OP  NEW   YORK 


c.  Insulation.     The  insulation  must  consist  of  properly  applied 
and  properly  vulcanized  rubber  compound  complying  with  approved 
physical  and  chemical  tests. 

The  insulation  must  be  of  the  nominal  thickness  given  in  the  fol- 
lowing table: 

Thickness 

Inches 
B.  &  S.  Gage  18  and  16  ..........  ...................      1/32 

B.  &  S.  Gage,  14  to  8  ...............................      3/64 

For  exception  see  Type  PS  below  (§  551f,  of  this  chapter). 

d.  Coverings.     Each  conductor  must  be  covered  with  a  tight, 
close  wind  of  fine  cotton  or  some  other  method  must  be  employed 
to  prevent  a  broken  strand  puncturing  the  insulation. 

Cords  of  the  several  types  must  comply  with  the  specifications  of 
the  following  table  with  respect  to  their  outer  protective  coverings, 
and  the  special  rules  indicated  in  the  last  column  of  the  table. 


Use 


Type 


Trade  Name 


Pendants  —  Dry  places  C 

Lamp  cord                             .  .  .~. 

Pendants  —  Damp  places.  .  .  .CB 

Brewery  cord             

Canvasite  cord      

Portable  —  Dry  places  P 

Reinforced  cord  

PO 

Parallel  cord  

PS 

Special  reinf  cord 

CA 

Armored  cord 

PA 
Portable  —  Damp  places  .     PWp 

Armored  reinf.  cord  
Reinforced  cord  Wp        .        ... 

Packinghouse  cord      

PAWp 

Theatre  stages   .             T 

Stage  cable  

Theatre  borders      B 

Border  light  cable  

Elevator  lighting  and  control.  .E 

Elevator  cable  

e.  (Types  C,  CB  and  CC.)    In  these  classes  are  included  flexible 
cords  which  under  usual  conditions  hang  freely  in  air. 

f.  (Types  PO  and  PS.)    These  cords  are  for  use  only  in  offices, 
dwellings  or  similar  places  where  not  liable  to  rough  usage. 

For  Type  PO  the  conductors  may  be  either  laid  parallel  or  twisted 
together. 

Type  PS  cord  may  be  made  only  with  conductors  of  No.  18  or 
No.  16  B.  &  S.  gage  and  may  have  insulation  only  one-sixty-fourth 
inch  in  thickness. 

g.  In  the  outer  cover  tape  may  be  substituted  for  an  inner  braid, 
h.  (Type  T.)     Shall  consist  of  not  more  than  three  conductors, 

each  not  exceeding  No.  B.  4  &  S.  gage,  twisted  together  and  with  a 
filler.  The  insulation  on  each  conductor  of  No.  6  to  No.  4  B.  &  S. 
gage  shall  be  one-sixteenth  inch  in  thickness. 

i.  (Type  B.)  The  conductors  must  be  cabled. 

j.  (Type  E.)  Conductors  for  elevator  lighting  cables  shall  not  be 
smaller  than  No.  14  and  for  elevator  control  cables  not  smaller  than 
No.  16  B.  &  S.  gage. 


ELECTRICAL   CONTROL  233 

k.  For  portable  heating  apparatus  (Type  H). 
This  cord  is  for  use  with  all  smoothing  and  sad  irons  and  with  other 
heating  devices  requiring  over  250  watts. 

1.  Must  comply  with  the  requirements  of  §  549  a,  b  and  §  551b  of 
this  chapter. 

2.  The  covering  may  consist  of  a  layer  of  rubber  or  other  approved 
material  at  least  one-eixty-fourth  inch  thick  (the  rubber  is  not  subject 
to  the  tests  specified  for  other  rubber  compounds),  a  braided  covering 
of  asbestos  one-thirty-second  inch  thick  and  of  approved  quality, 
an  outer  braid  one-sixty-fourth  inch  thick  enclosing  either  all  the 
conductors  as  a  whole  or  each  conductor  separately. 

For 

Braid  on  each     Reinforcement  ^  ,      «-, 

Conductor  or  Filler  Outer  Cover 

see 

Glazed  cotton  or 

silk 551e- 

Cotton  Wp 551e 

Cotton  Wp Cotton  Wp 551e 

Cotton Rubber  jacket.  Glazed  cotton  or  silk 

Cotton Glazed  cotton  or  silk  .  .  .   551f 

Cotton Rubber  jacket.  Glazed  cotton  or  silk  . . .  551f 

Cotton Armor 

Cotton Rubber  jacket.  Glazed  cotton  and  armor  .... 

Cotton Rubber  jacket.  Cotton  Wp 

Cotton Filler 2  cotton  both  Wp 551g 

Cotton Rubber  jacket.  Cotton  Wp.  and  armor 

Cotton  Wp Filler 2  cotton  both  Wp 551g&h 

Cotton  Wp 2  cotton  both  Wp 551g&i 

Cotton Rubber  jacket.  1  or  more  cotton,  both  Wp  551g&j 

and  or         3  cotton,  outer  one  Wp 

3.  Other  types  of  covering  must  be  submitted  for  special  exam- 
ination and  approval  before  being  used. 

§  552.  Fixture  wire. — a.  Fixtures  may  be  wired  with  approved 
flexible  cord  or  approved  rubber-covered  wire. 

In  wiring  certain  fixtures  (see  §§  430d  and  435d  of  this  chapter) 
conductors  having  approved  slow-burning  or  other  heat-resisting 
coverings  must  be  used. 

b.  Other  wires  for  use  in  fixtures  (Types  F-64  and  F-32)  must 
comply  with  the  requirements  of  §  549  a  and  b  of  this  chapter,  and 
with  the  requirements  of  paragraphs  c  to  e,  inclusive,  of  this  section. 

c.  Conductors.     May  be  either  solid  or  stranded  in  an  approved 
manner  and  must  not  be  smaller  than  No.  18  B.  &  S.  gage. 

If  stranded  conductor  is  used  each  conductor  must  be  covered  with 
a  tight  close  wind  of  fine  cotton  or  some  other  method  must  be  used 
to  prevent  a  broken  strand  puncturing  the  insulation.  Solid  con- 
ductors must  be  tinned. 

(1.  Insulation.  Tim  insulation  must  consist  of  properly  applied 
and  properly  vulc;ini/e<l  rubber  compound  complying  with  approved 
physical  and  chemical  tests. 


234  CODE    OF   ORDINANCES   OP  THE   CITY   OF   NEW  YORK 

The  thickness  of  insulation  shall  not  be  less  than  one-sixty-fourth 
inch  for  No.  18  B.  &  S.  gage  wire  and  not  less  than  one-thirty-seeond 
inch  for  No.  16  B.  &  S.  gage. 

e.  Coverings.  Must  be  a  braid  which  if  of  cotton  must  be  at  least 
one-sixty-fourth  inch  in  thickness. 

§  553.  Conduit  wire. — For  conduit  work  wires  of  either  types  RS 
(No.  14  to  No.  8,  incl.),  RD,  RSL  or  RDL  must  be  used. 

§  554.  Armored  cable  and  cord. — a.  The  armored  cable  or  cord  must 
comply  with  approved  tests  for  flexibility  and  for  resistance  to  with- 
drawal of  the  conductors  from  the  armor.  The  armor  must  comply 
with  approved  tests  for  weight,  tensile  strength  and  elongation. 

b.  Strips  if  used  in  forming  the  armor  must  be  of  approved  thick- 
ness and  if  of  steel  must  be  protected  against  corrosion  in  an  approved 
manner. 

c.  The  conductors  must  comply  with  the  requirements  for  rubber- 
covered  wires  or  cords  of  the  specified  types  and  construction. 

d.  The  cable  or  cord  must  have  a  distinctive  marker  its  entire 
length. 

'  §  555.  Slow-burning  weather-proof  wire. — a.  The  insulation  must 
consist  of  two  coatings,  one  to  be  fireproof  and  the  other  weather- 
proof. The  fireproof  coating  must  be  on  the  outside  and  must  com- 
prise about  six-tenths  of  the  total  thickness  of  the  wall. 

The  thickness  of  the  completed  covering  shall  be  not  less  than  that 
specified  for  rubber  insulation  of  0-600  volt  rubber-covered  wires. 
(See  §  550b  of  this  chapter.) 

b.  Must  comply  with  the  requirements  of  §  549a  and  b  of  this 
chapter. 

§  556.  Slow-burning  wire. — a.  The  insulation  must  consist  of  three 
braids  of  cotton  or  other  thread,  all  the  interstices  of  which  must  be 
filled  with  the  fireproofing  compound  or  with  material  having  equiv- 
alent fire-resisting  and  insulating  properties.  The  outer  braid  must 
be  specially  designed  to  withstand  abrasion,  and  its  surface  must  be 
finished  smooth  and  hard. 

The  thickness  of  the  completed  covering  shall  be  not  less  than  that 
specified  for  the  rubber  insulation  of  0-600  volt  rubber-covered  wires. 
(See  §  550b  of  this  chapter.) 

b.  Must  comply  with  requirements  of  §  549  a  and  b  of  this  chapter. 

c.  Slow-burning  wires  especially  designed  and  approved  for  use 
in  fixtures  (see  §  552  of  this  chapter)  need  not  necessarily  comply 
with  the  requirements  of  paragraphs  a  and  b  of  this  section. 

§  557.  Weather-proof  wire. — a.  The  insulating  covering  shall  con- 
sist of  at  least  three  braids,  all  of  which  must  be  thoroughly  saturated 
with  a  dense  moisture-proof  compound. 

The  thickness  of  the  completed  covering  shall  be  not  less  than  that 
specified  for  the  rubber  insulation  of  0-600  volt  rubber-covered  wires. 
(See  §  550b  of  this  chapter.) 

b.  Must  comply  with  requirements  of  §  549  a  and  b  of  this  chapter. 

§  558.  Metal  conduits.  1.  Rigid  conduit. — a.  Each  length  of 
conduit  must  have  the  maker's  name  or  initials  stamped  in  the  metal 
or  attached  thereto  in  a  satisfactory  manner,  so  that  inspectors  can 
readily  see  the  same. 

Rigid,  b.  The  tube  used  in  the  manufacture  of  the  conduit  must 
be  of  mild  steel;  and  must  be  of  sufficiently  true,  circular  sect' 


10  must 

ition  tc 


ELECTRICAL   CONTROL  235 

admit  of  cutting  true,  clean  threads;  it  must  be  very  closely  the  same 
in  wall  thickness  at  all  points.    Welds  must  be  thoroughly  well  made. 

c.  The  tube  must  be  thoroughly  cleaned  to  remove  all  scale  and 
rust  from  both  inside  and  the  outside  surfaces  by  some  process, 
mechanical  or  otherwise,  which  will  permit  the  protecting  coating 
to  take  a  smooth  finish  and  which  will  not  reduce  the  weight  of  the 
tube  sufficiently  to  cause  the  finished  conduit  to  weigh  less  than  is 
given  in  §  558i,  of  this  chapter. 

d.  All  surfaces  of  the  tube  must  be  protected  against  corrosion  by 
an  approved  method. 

e.  Elbows,  bends  and  similar  fittings  must  be  made  of  full-weight 
material,  such  as  is  specified  for  the  conduit  proper,  and  must  be 
treated,  coated,  threaded,  etc.,  in  every  way  corresponding  to  the 
specifications  for  conduit  so  far  as  they  apply. 

f.  Threads  upon  conduits,  couplings,  elbows  and  bends  must  be 
full  and  clean  cut.    Their  pitch  and  form  must  conform  to  the  Briggs' 
standard  for  pipe  threads. 

The  taper  of  threads  on  conduit  must  not  exceed  three-quarter 
inches  per  foot.  The  perfect  thread  must  be  tapered  for  its  entire 
length.  Couplings  must  be  tapped  straight.  If  threads  are  cut 
after  the  protecting  coatings  are  applied  they  must  be  treated  to 
prevent  corrosion  taking  place  before  the  conduit  is  actually  installed. 

g.  The  finished  conduit  as  shipped  must  be  hi  ten-foot  lengths, 
with  each  end  reamed  and  threaded.    For  each  length  at  least  one 
coupling  must  be  furnished.     The  finished  conduit  with  coupling 
must  not  weigh  less  than  is  given  in  the  following  table.    All  finished 
conduit  must  be  inspected  visually,  both  inside  and  out,  for  poor 
coatings,  hard  scale  or  other  similar  defects.    It  must  have  an  ap- 
proved interior  coating  of  a  character  and  appearance  which  will 
readily  distinguish  it  from  ordinary  commercial  pipe  commonly 
used  for  other  than  electrical  purposes. 

Minimum  Weight 

Electrical  of  10-foot  Lengths 

Trade  Size  of  Finished  Conduit 

with  Couplings 

Inches.  Pounds. 

1/4 38.5 

3/8 51.5 

1/2 79.0 

3/4 105 

1        153 

11/4 201 

11/2 249 

2        334 

2  1/2 527 

3       690 

31/2 831 

4       982 

41/2 1150 

5        1344 

6  1770 


236 


CODE    OF   ORDINANCES   OF   THE   CITY   OF   NEW   YORK 


2.  Flexible  conduit,  h.  Must  be  so  flexible  that  the  conduit  may 
be  bent  in  a  curve,  the  inner  edge  of  which  has  a  radius  equal  to  that 
specified  in  the  following  table,  without  opening  up  the  tube  at  any 
point: 


Electrical 
Trade  Size, 
Inches 

Internal 
Diameter, 
Inches 

Thickness 
of  Strip, 
Inches 

Weight  in  Pounds 
Per  100  Feet 

Radius  of 
Curvatures, 
Inches 

Single 
Strip 

Double 

Strip 

5/16 

3/8 
1/2 
3/4 

1  1/4 
1  1/2 
2 

21/2 

5/16 

3/8 
5/8 
13/16 
1 
1  1/4 
1  1/2 
2 
2  1/2 

.025 
.034 
.040 
.040 
.055 
.055 
.060 
.060 
.060 

173/4 
29 
54 
68 
108 
132 
171 
224 
277 

201/2 
331/2 
62 

78  1/2 
129  1/2 
158 
205 
269 
332 

21/4 
21/2 
31/2 
41/2 
5 
51/2 
6 
8 
101/2 

i.  Must  be  of  such  design  that  after  a  3-foot  sample  has  been  sub- 
jected to  a  tension  of  200  Ibs.  for  one  minute,  the  conduit  will  not  be 
opened  up  at  any  point. 

j.  For  steel  conduits  the  internal  diameter,  the  thickness  of  the 
strip  and  the  weight  of  the  finished  conduit  must  be  not  less  than  the 
values  given  in  the  following  table.  For  flexible  conduit  of  other 
than  the  strip  type  an  equivalent  construction  must  be  provided. 

k.  If  of  steel,  the  metal  must  be  thoroughly  galvanized  or  coated 
with  an  approved  rust  preventative.  Interior  surfaces  of  the  conduit 
must  be  free  from  burrs  or  sharp  edges  which  might  cause  abrasion 
of  the  wire  coverings. 

1.  Must  have  a  distinctive  marking  its  entire  length  so  that  the 
flexible  conduit  may  be  readily  identified  in  the  field.  Coils  must 
also  be  plainly  tagged  or  marked  with  the  name  or  trade-mark  of  the 
manufacturing  company. 

§  559.  Outlet,  junction  and  flush  switch  boxes. — a.  Boxes  must  be  of 
pressed  steel  having  wall  thickness  of  not  less  than  .078  inch  (No.  14 
U.  S.  metal  gage),  or  of  cast  metal  having  wall  thickness  not  less 
than  1-8  inch.  Junction  boxes  of  larger  sizes  must  comply  with 
requirements  of  §  570  of  this  chapter,  but  must  be  in  all  cases  of 
metal. 

b.  Boxes  must  be  well  galvanized,  enameled  or  otherwise  properly 
coated,  inside  and  out,  to  prevent  oxidation. 

c.  Boxes  must  be  so  made  that  all  openings  not  in  use  will  be 
effectively  closed  by  metal  which  will  afford  protection  substantially 
equivalent  to  the  walls  of  the  box. 

Fittings  which  are  designed  for  bringing  conductors  other  than 
flexible  cords  from  metal  conduits  to  exposed  wiring  must  be  pro- 
vided with  non-absorptive,  non-combustible  insulating  bushings 
which  muit  separately  insulate  each  conductor.  For  flexible  cords, 


ELECTRICAL  CONTROL  237 

such  fittings,  including  covers  of  outlet  boxes,  must  either  be  pro- 
vided with  approved  bushings  or  have  smooth,  well-rounded  sur- 
faces for  the  cord  to  bear  upon. 

d.  Boxes  must  be  plainly  marked,  where  the  marking  may  readily 
be  seen  when  installed,  with  the  name  or  trade-mark  of  the  manufac- 
turer. 

e.  Boxes  must,  in  case  of  combination  gas  and  electric  outlets,  be 
so  arranged  that  connection  with  gas  pipe  at  outlet  may  be  made  by 
means  of  an  approved  device.    Fixture  studs,  where  not  a  part  of  the 
box,  must  be  made  of  malleable  iron  or  other  approved  material. 
Boxes  must  be  arranged  to  secure  in  position  the  conduit  or  flexible 
tubing  protecting  the  wire. 

f.  Switch  and  outlet  boxes  must  be  so  arranged  that  they  can  be 
securely  fastened  in  place  independently  of  the  support  afforded  by 
the  conduit  piping,  except  that  when  entirely  exposed,  approved 
boxes,  which  are  threaded  so  as  to  be  firmly  supported  by  screwing 
on  to  the  conduit,  may  be  used. 

g.  Switch  and  receptacle  boxes  must  completely  enclose  the  switch 
or"  receptacle  on  sides  and  back,  and  must  provide  a  thoroughly 
substantial  support  for  it.    The  retaining  screws  for  the  box  must 
not  be  used  to  secure  the  switch  in  position.    Boxes  for  floor  outlets 
shall  be  designed  to  completely  enclose  the  receptacle  and  attach- 
ment plugs,  if  any,  to  protect  them  from  mechanical  injury  and  to 
exclude  moisture. 

h.  Covers  for  outlet  boxes,  if  made  of  metal,  must  be  equal  in 
thickness  to  that  specified  for  the  walls  of  the  box,  or  must  be  of 
metal  lined  with  an  insulating  material  not  less  than  1-32  inch  in 
thickness,  firmly  and  permanently  secured  to  the  metal.  Covers 
may  also  be  made  of  porcelain  or  other  approved  material,  provided 
they  are  of  such  form  and  thickness  as  to  afford  suitable  protection 
and  strength. 

§  560.  Metal  moulding. — a,  b.  The  installation  of  wooden  mould- 
ing is  prohibited. 

c.  Each  length  of  metal  moulding  must  have  maker's  name  or 
trade-mark  stamped  in  the  metal,  or  in  some  manner  permanently 
attached  thereto,  in  order  that  it  may  be  readily  identified  in  the 
field. 

d.  Metal  moulding  must  be  constructed  of  iron  or  steel  with  back- 
ing at  least  .050  inch  in  thickness,  and  with  capping  not  less  than 
.040  inch  in  thickness,  and  so  constructed  that  when  in  place  the 
raceway  will  be  entirely  closed;  must  be  thoroughly  galvanized  or 
coated  with  an  approved  rust  preventative,  both  inside  and  out,  to 
prevent  oxidation. 

e.  Elbows,  couplings  and  all  other  similar  fittings  must  be  con- 
structed of  at  least  the  same  thickness  and  quality  of  metal  as  the 
moulding  itself,  and  so  designed  that  they  will  both  electrically  and 
mechanically  secure  the  different  sections  together  and  maintain 
the  continuity  of  the  raceway.    The  interior  surfaces  must  be  free 
from  burrs  or  sharp  corners  which  might  cause  abrasion  of  the  wire 
coverings. 

f.  Metal  moulding  must  at  all  outlets  be  so  arranged  that  the  con- 
ductors cannot  come  in  contact  with  the  edges  of  the  metal,  either 
of  capping  or  backing.    Specially  designed  fittings  which  will  inter- 


238  CODE   OF   ORDINANCES  OF  THE   CITY   OF  NEW   YORK 

pose  substantial  barriers  between  conductors  and  the  edges  of  metal 
are  recommended. 

g.  When  backing  is  secured  in  position  by  screws  or  bolts  from  the 
inside  of  the  raceway,  depressions  must  be  provided  to  render  the 
heads  of  the  fastenings  flush  with  the  moulding. 

h.  Metal  mouldings  must  be  used  for  exposed  work  only  and  must 
be  so  constructed  as  to  form  an  open  raceway  to  be  closed  by  the 
capping  or  cover  after  the  wires  are  laid  in. 

§561.  Tubes  and  bushings. — a.  Tubes  and  bushings  must  be  made 
straight  and  free  from  checks  or  rough  projections,  with  ends  smooth 
and  rounded  to  facilitate  the  drawing  in  of  the  wire  and  prevent 
abrasion  of  its  covering. 

b.  Tubes  and  bushings  must  be  made  of  approved  non-combustible, 
non-absorptive  insulating  material. 

§  562.  Cleats. — a.  Cleats  must  hold  the  wire  firmly  in  place  with- 
out injury  to  its  covering. 

b.  Bearing  points  on  the  surface  of  cleats  must  be  made  by  ridges 
or  rings  about  the  holes  for  supporting  screws,  in  order  to  avoid 
cracking  and  breaking  when  screwed  tight. 

c.  Cleats  must  be  made  of  approved  non-combustible,  non-absorp- 
tive insulating  material. 

e.  Cleats  must  conform  to  the  spacings  given  in  the  following 
table: 

Voltage,  0-300.  Distance  from  wire  to  surface,  Y^  inch.  Distance 
between  wires,  21A  inches. 

§  563.  Flexible  tubing. — a.  Flexible  tubing  must  have  a  sufficiently 
smooth  interior  surface  to  allow  the  ready  introduction  of  the  wire. 

b.  Flexible  tubing  must  be  constructed  of  or  treated  with  materials 
which  will  serve  as  moisture  repellents. 

c.  The  tube  must  be  so  designed  that  it  will  withstand  all  the 
abrasion  likely  to  be  met  with  in  practice. 

d.  The  linings,  if  any,  must  not  be  removable  in  lengths  of  over  3 
feet. 

Flexible  tubing  must  not  close  to  prevent  the  insertion  of  the  wire 
after  the  tube  has  been  kinked  or  flattened  and  straightened  out. 

f .  Flexible  tubing  must  have  a  distinctive  marking  the  entire  length 
of  the  tube,  so  that  the  tubing  may  be  readily  identified  in  the  field. 

§  564.  Knobs. — a.  Split  knobs  must  be  constructed  in  2  parts, 
a  base  and  a  cap,  arranged  to  hold  the  wire  firmly  in  place  without 
injury  to  its  covering.  Sharp  edges  must  be  avoided.  Solid  knobs 
must  be  constructed  with  smooth  groove,  to  contain  wire. 

b.  Bearing  points  on  the  surface  of  knobs  must  be  made  by  a 
ring  or  by  ridges  on  the  outside  edge  of  the  bast,  to  provide  for  sta- 
bility.    At  least  %  inch  surface  separation  must  be  maintained 
between  the  supporting  screw  or  nail  and  the  conductor,  and  the 
knob  must  be  so  constructed  that  the  supporting  screw  or  nail  cannot 
come  in  contact  with  the  conductor.    For  wires  larger  than  No.  4 
B.  &  S.  gage,  split  knobs  (or  single  wire  cleats)  must  be  so  constructed 
as  to  require  the  use  of  2  supporting  screws. 

c.  Knobs  must  be  made  of  approved  non-combustible,  non-absorp- 
tive insulating  material. 

e.  Knobs  must  be  so  constructed  as  to  separate  the  wire  at  least 
1  inch  from  the  surface  wired  over. 


ELECTRICAL  CONTROL  239 

§  565.  Switches.  1.  General  Rules. — a.  Switches  must,  when  used 
for  service  switches,  indicate,  on  inspection,  whether  the  current 
be  "on"  or  "off." 

b. 

2.  Knife  switches. — c.  Knife  switches  must  be  mounted  on  non- 
combustible,  non-absorptive,  insulating  bases.  Other  materials 
than  slate,  marble  or  porcelain  must  be  submitted  for  special  ex- 
amination before  being  used.  Bases  with  an  area  of  over  25  square 
inches  must  have  at  least  4  supporting  screws.  Holes  for  the  sup- 
porting screws  must  be  so  located  or  countersunk  that  there  will 
be  at  least  Y^  inch  space  measured  over  the  surface,  between  the 
head  of  the  screw  or  washer  and  the  nearest  live  metal  part,  and  in 
all  cases  when  between  parts  of  opposite  polarity  must  be  counter- 
sunk. 

d.  Pieces  carrying  the  contact  jaws  and  hinge  clips  must  be  se- 
cured to  the  base  by  at  least  2  screws,  or  else  made  with  a  square 
shoulder,  or  provided  with  dowel  pins,  to  prevent  possible  turnings, 
and  the  nuts  or  screw-heads  on  the  under  side  of  the  base  must  DC 
countersunk  not  less  than  Vs  inch  and  covered  with  a  waterproof 
compound  which  will  not  melt  below  150  degrees  Fahrenheit  (65 
degrees  Centigrade). 

e.  Hinges  of  knife  switches  must  not  be  used  to  carry  current 
unless  they  are  equipped  with  spring  washers,  held  by  lock-nuts  or 
pins,  or  their  equivalent,  so  arranged  that  a  firm  and  secure  connec- 
tion will  be  maintained  at  all  positions  of  the  switch  blades. 

f .  All  switches  must  have  ample  metal  for  stiffness  and  to  prevent 
rise  in  temperature  of  any  part  of  over  50  degrees  Fahrenheit  (28 
degrees  Centigrade)  at  full  load,  the  contacts  being  arranged  so  that 
a  thoroughly  good  bearing  at  every  point  is  obtained  with  contact 
surfaces  advised  for  pure  copper  blades  of  about  1  square  inch  for 
each  75  amperes;  the  whole  device  must  be  mechanically  well  made 
throughout. 

g.  All  cross-bars  less  than  3  inches  in  length  must  be  made  of  in- 
sulating material.     Bars  of  3  inches  and  over,  which  are  made  of 
metal  to  insure  greater  mechanical  strength,  must  be  sufficiently 
separated  from  the  jaws  of  the  switch  to  prevent  arcs  following 
from  the  contacts  to  the  bar  on  the  opening  of  the  switch  under  any 
circumstances.     Metal  bars  should  preferably  be  covered  with  in- 
sulating material.    To  prevent  possible  turning  or  twisting  the  cross- 
bar must  be  secured  to  each  blade  by  2  screws,  or  the  joints  made 
with  square  shoulders  or  provided  with  dowel  pins. 

h.  Switches  for  currents  of  over  30  amperes  must  be  equipped 
with  lugs,  firmly  screwed  or  bolted  to  the  switch,  and  into  which  the 
conducting  wires  shall  be  soldered.  For  switches  designed  for  cur- 
rents of  30  amperes  or  less,  heavy  clamps  or  screw  and  washer  con- 
nections with  upturned  lugs  may  be  used. 

i.  Knife  switches  must  operate  successfully  at  50  per  cent,  over- 
load in  amperes  and  at  rated  voltage,  under  the  most  severe  condi- 
tions with  which  they  are  liable  to  meet  in  practice. 

j.  Knife  switches  must  be  plainly  marked  where  the  marking  can 
be  read  when  the  switch  is  installed,  with  the  name  of  the  maker 
and  the  current  and  the  voltage  for  which  the  switch  is  designed. 
Switches  designed  for  250  volts  D.  C.  or  500  volts  A.  C.  circuits, 


240  CODE    OF   ORDINANCES   OP   THE   CITY   OF   NEW   YORK 

without  fuses  on  the  switch  base,  must  be  marked  250  V.,  D.  C.,  500 
V.,  A.  C.  When  250-volt  fuse  terminals  are  mounted  on  the  switch 
base,  the  marking  of  the  switch  must  be  250  V.,  D.  C.  and  A.  C. 
When  600-volt  fuse  terminals  are  mounted  on  the  switch  base,  the 
terminals  must  be  spaced  for  600-volt  fuses  and  the  switches  marked 
500  V.,  A.  C.  Triple  pole  switches  designed  with  125-volt  spacings, 
between  adjacent  blades,  must  be  marked  125  volts,  and  may  be 
used  on  3-wire  D.  C.  or  single  phase  systems  having  not  more  than 
125  volts  between  adjacent  wires  and  not  more  than  250  volts  be- 
tween the  two  outside  wires.  When  designed  with  250-volt  spacings 
between  adjacent  blades  triple  pole  switches  must  be  marked  250 
volts  and  may  be  used  on  3-wire  D.  C.  or  single  phase  systems  having 
not  more  than  250  volts  between  adjacent  wires  and  not  more  than 
500  volts  between  the  two  outside  wires. 

k.  Spacings  and  dimensions  must  be  at  least  as  great  as  those 
given  in  the  following  tables: 

Table  1.    For  switchboards  and  panel  boards;  not  over  125  volts 
D.  C.  and  A.  C.: 

Minimum 
Width  and  Thickness      Separation  of 

Nearest  Metal  Minimum 


Clips  Parts  of  Break 

Blades  and  Hinges      Opposite        Distance 

Polarity 


30  amp  .  .  . 
60  amp  .  . 

.  .  .   1-2x6-64  in. 

1-2x3-64  in. 

1         in. 
1  1-4  in. 

3-4  in. 
1       in. 

Table  2.    For  individual  switches;  not  over  125  volts  D.  C.  and 
A.  C.: 

Inch  Inch         Inch      Inch 


30                    amp 

1-2x5-64     1-2x3-64     11-41 

60             100  amp   

1  1-2     1  1-4 

200                  amp  
400  and    600  amp  

2  1-4    2 
23-421-2 

800  and  1000  amp 

3           23-4 

A  300^ampere  switch  with  the  spacings  of  the  200-ampere  switch 
above  may  be  used  on  switchboards. 

Table  3.    For  all  switches;  250  volts  only  D.  C.  and  A.  C. : 

Inch  Inch         Inch      Inch 

30  amp..  .    1-2x5-64     1-2x3-64     1  3-4     1  1-2 


ELECTRICAL   CONTROL  241 

Table  4.    For  all  switches;  not  over  250  volts  D.  C.  nor  over  500 
volts  A.  C.: 

Inch  Inch        Inch      Inch 


30                  amp  

.  5-8x1-8      5-8x1-16    21-42 

60  and    100  amp  

21-42 

200                  amp 

2  1-2     2  1-4 

400  and    600  amp 

23-42  1-2 

800  and  1000  amp 

3            23-4 

A  300-ampere  switch  with  the  spacings  of  the  200-ampere  switch 
above  may  be  used  on  switchboards.  Cut-out  terminals  on  switches 
for  over  250  volts  must  be  designed  and  spaced  for  600-volt  fuses. 

Table  5.  For  all  switches;  not  over  600  volts  D.  C.  and  A.  C.: 


Inch  Inch         Inch      Inch 


30  amp 5-8x1-8      5-8x1-16     4  3  1-2 

60  amp 4  31-2 

100  amp 4  1-2     4 

Where  barriers  of  approved  design  and  made  of  suitable  non- 
absorptive,  non-combustible,  insulating  material  or  of  impregnated 
hard  wood  are  placed  between  parts  of  opposite  polarity,  the  mini- 
mum separation  of  these  parts  on  switches  described  in  Table  5  may 
be  that  given  in  Table  4. 

Auxiliary  contacts  of  either  a  readily  renewable  or  a  quick-break 
type  or  the  equivalent  are  recommended  for  D.  C.  switches,  designed 
for  over  250  volts,  and  must  be  provided  on  D.  C.  switches  designed 
for  use  in  breaking  currents  greater  than  100  amperes  at  a  voltage 
of  over  250.  For  3-wire  direct  current  and  3-wire  single  phase  systems 
the  separation  and  break  distances  for  plain  3-pole  knife  switches 
must  not  be  less  than  those  required  in  the  above  table  for  switches 
designed  for  the  voltage  between  neutral  and  outside  wires. 

3.  Snap  switches. — 1.  Current-carrying  parts  must  be  mounted 
on  non-combustible,  non-absorptive,  insulating  bases,  such  as  slate 
or  porcelain,  and  the  holes  for  supporting  screws  should  be  counter- 
sunk not  less  than  Vs  inch.  There  must  in  no  case  be  less  than  3-64 
inch  space  between  supporting  screws  and  current-carrying  parts. 

Sub-bases  must  be  so  designed  as  to  separate  the  wires  at  least 
one-half  inch  from  the  surface  wired  over.  They  must  be  of  a  non- 
combustible,  non-absorptive  insulating  material. 

m.  Pieces  carrying  contact  jaws  must  be  secured  to  the  base  by  at 
least  2  screws,  or  else  made  with  a  square  shoulder,  or  provided  with 
dowel-pins  or  otherwise  arranged,  to  prevent  possible  turnings;  and 
the  nuts  or  screw  heads  on  the  unaer  side  of  the  base  must  be  counter- 
sunk not  less  than  '/s  inch  and  covered  with  a  waterproof  compound 
which  will  not  melt  below  150  degrees  Fahrenheit  (65  degrees  Centi- 
grade*. 


242  CODE   OP   ORDINANCES  OF  THE   CITY   OF  NEW   YORK 

n. 

o. 

p.  Binding  posts  must  be  substantially  made,  and  the  screws  must 
be  of  such  size  that  the  threads  will  not  strip  when  set  up  tight. 
Switches  with  the  set-screw  form  of  contact  will  not  be  approved. 

q.  Covers  made  of  conducting  material,  except  face  plates  for 
flush  switches,  must  be  lined  on  sides  and  top  with  insulating,  tough 
and  tenacious  material  at  least  1-32  inch  in  thickness,  firmly  secured 
so  that  it  will  not  fall  out  with  ordinary  handling.  The  side  lining 
must  extend  slightly  beyond  the  lower  edge  of  the  cover. 

r.  The  handle  or  button  or  any  exposed  parts  must  not  be  in  elec- 
trical connection  with  the  circuit. 

s.  Snap  switches  must  "make"  and  "break"  with  a  quick  snap, 
and  must  not  stop  when  motion  has  once  been  imparted  by  the  but- 
ton or  handle. 

t.  Snap  switches  must  be  plainly  marked,  where  the  marking  may 
be  readily  seen,  with  the  name  or  trade-mark  of  the  maker  and  the 
current  and  voltage  for  which  the  switch  is  designed.  On  flush 
switches  these  markings  may  be  placed  on  the  sub-plate.  On  surface 
switches  with  covers  constructed  of  porcelain  or  other  moulded 
insulating  material  the  marking  may  be  on  the  inside  of  the  cover. 
On  all  other  types  they  must  be  placed  on  the  front  of  the  cap,  cover 
or  plate. 

§  566.  Circuit  breakers.  1.  Generally. — Circuit  breakers  for  opera- 
tion on  circuits  of  550  volts  or  less  must  be  made  to  comply  with  the 
following  specifications,  except  in  those  few  cases  where  peculiar 
design  allows  the  breaker  to  fulfill  the  general  requirements  in  some 
other  way,  and  where  it  can  successfully  withstand  the  prescribed 
tests.  In  such  cases  the  breakers  should  be  submitted  for  special 
examination  and  approval  before  being  used. 

2.  Details  of  construction,  a.  Circuit  breakers  must  be  mounted 
on  non-combustible,  non-absorptive,  insulating  bases,  such  as  slate 
or  marble.  Bases  with  an  area  of  over  25  square  inches  must  have 
at  least  4  supporting  screws.  Holes  for  the  supporting  screws  must 
be  so  located  or  countersunk  that  there  will  be  at  least  ^  inch  space 
measured  over  the  surface  between  the  head  of  the  screw  or  washer 
and  the  nearest  live  metal  part,  and  in  cases  when  between  parts  of 
opposite  polarity  must  be  countersunk. 

b.  Pieces  carrying  contact  parts  must  be  secured  to  the  base  by 
at  least  2  screws,  or  else  made  with  a  square  shoulder,  dowel  pin, 
or  equivalent  device,  to  prevent  possible  turning,  and  the  nuts  or 
screw  heads  on  the  under  side  of  the  base  of  front-connected  breakers 
must  be  countersunk  not  less  than  J/s  inch,  and  cover  with  a  water- 
proof compound  which  will  not  melt  below  150  degrees  Fahrenheit 
(65  degrees  Centigrade).  All  breakers  must  be  provided  with  easily 
accessible  means  of  tripping  them  by  hand  without  injury  to  the 
operator. 

c. 

d. 

e. 

f. 

g.  Metal  work  of  automatic  overload  circuit  breakers  must  be 
substantial  in  construction,  and  must  have  ample  metal  for  stiffness. 


ELECTRICAL  CONTROL  243 

The  contact  parts  shall  be  arranged  so  that  thoroughly  good  bearings 
are  obtained;  the  entire  device  must  be  mechanically  well  made 
throughout. 

h.  Must  be  plainly  marked,  where  it  will  be  visible  when  installed, 
with  the  name  of  the  maker  and  the  current  and  voltage  for  which 
the  device  is  designed. 

§  567.  Cut-outs.  1.  General  rules. — a.  Cut-outs  must  be  sup- 
ported on  bases  of  non-combustible,  non-absorptive,  insulating 
material. 

b.  The  design  of  the  base  must  be  such  that,  considering  the  ma- 
terial used,  the  base  will  withstand  the  most  severe  conditions  liable 
to  be  met  in  practice. 

c.  Bases  with  an  area  of  over  twenty-five  square  inches  must  have 
at  least  four  supporting  screws.    Holes  for  supporting  screws  must 
be  so  located  or  countersunk  that  there  will  be  at  least  one-half 
inch  space,  measured  over  the  surface,  between  the  screw-head  or 
washer  ana  the  nearest  live  metal  part,  and  in  all  cases  where  between 
parts  of  opposite  polarity  must  be  countersunk. 

d.  Nuts  or  screw  heads  on  the  under  side  of  the  base  must  be 
countersunk  not  less  than  one-eighth  inch,  and  covered  with  a  water- 
proof compound  which  will  not  melt  below  150  degrees  Fahrenheit 
(65  degrees  Centigrade). 

e.  Cut-outs  must  be  marked,  where  the  marking  will  be  plainly 
visible  when  installed,  with  the  name  of  the  maker,  and  current 
and  voltage  for  which  the  device  is  designed. 

2.  Link  fuse  cut-outs,  f.  Spacings  must  be  at  least  as  great  as 
those  given  in  the  following  table,  which  applies  only  to  plain,  open- 
link  fuses  mounted  on  slate  or  marble  bases.  The  spaces  given  are 
correct  for  fuse-blocks  to  be  used  on  direct  current  systems,  and  can 
therefore  be  safely  followed  in  devices  designed  for  alternating  cur- 
rents. If  the  copper  fuse-tips  overhang  the  edges  of  the  fuse-block 
terminals,  the  spacings  should  be  measured  between  the  nearest 
edges  of  the  tips: 


Minimum 
Separation  of  Nearest 

Metal  Parts  of  Minimum 

Opposite  Polarity  Break-Distance 
Not  Over  125  Volts: 

10  amperes  or  less 3-4      inch  3-4      inch 

11-100  amperes 1         inch  3-4      inch 

101-300  amperes 1         inch  1         inch 

301-1000  amperes 11-4  inch  1  1-4  inch 

Not  Over  250  Volts: 

10  amperes  or  less 11-2  inch  1  1-4  inch 

11-100  amperes 13-4  inch  1  1-4  inch 

101-300  amperes 2         inch  1  1-2  inch 

301-1000  amperes 21-2  inch  inch 

A  space  must  be  maintained  between  fuse  terminals  of  the  same 
polarity  of  at  least  one-half  inch  for  voltage  up  to  125  and  of  at 
least  three-quarter  inch  for  voltages  from  126  to  250.  This  is  the 


244  CODE   OF   ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

minimum  distance  allowable,  and  greater  separation  should  be  pro- 
vided when  practicable.  For  three-wire  systems  cut-outs  must  have 
the  break-distance  required  for  circuits  of  the  potential  of  the  out- 
side wires,  except  that  in  125-250  systems  with  grounded  neutral 
the  cut-outs  in  two- wire,  125  volt  branch  circuits  may  have  the 
spacings  specified  for  not  over  125  volts. 

g.  All  fuse-block  terminals  must  have  ample  metal  for  stiffness 
and  to  prevent  rise  in  temperature  of  any  part  of  over  50  degrees 
Fahrenheit  (28  degrees  Centigrade)  at  full  load.  Terminals,  as  far 
as  practicable,  should  be  made  of  compact  form  instead  of  being 
rolled  out  in  thin  strips;  and  sharp  edges  of  thin  projecting  pieces, 
as  on  wing  thumb  nuts  and  the  like,  should  be  avoided.  Thin  metal, 
sharp  edges  and  projecting  pieces  are  much  more  likely  to  cause  an 
arc  to  start  than  a  more  solid  mass  of  metal.  It  is  a  good  plan  to 
round  all  corners  of  the  terminals  and  to  chamfer  the  edges. 

3.  Enclosed-fuse  cut-outs — plug  and  cartridge  type.  h.  Enclosed 
fuse  cut-outs  must  be  classified  as  regards  both  current  and  voltage 
as  given  in  the  following  table,  and  must  be  so  designed  that  the 
bases  of  one  class  cannot  be  used  with  fuses  of  another  class  rated 
for  a  higher  current  or  voltage: 

Standard  plug  or  cartridge  cut-outs 

Not  Over  250  Volts.  Not  Over  600  Volts. 

0-  30  amperes.  0-  30  amperes. 


31-  60 

61-100 

101-200 

201-400 

401-600 


31-  60 
61-100 
101-200 
201-400 


Scalable  service  and  meter  cut-outs 

Not  Over  250  Volts.  Not  Over  600  Volts. 
0-  30  amperes.  0-  30  amperes. 

31-  60        "  31-  60 

61-100        "  61-100 

101-200       "  101-200 

4.  Exceptions.  The  foregoing  requirements  of  this  section  shall 
not  apply  to  rosettes,  attachment  plugs,  car-lighting  cut-outs  and 
protective  devices  for  signalling  systems. 

§  568.  Fuses.  1.  Link  fuses. — a.  Terminals  must  have  contact 
surfaces  or  tips  of  harder  metal,  having  perfect  electrical  connections 
with  the  fusible  part  of  the  strip. 

b.  Link-fuses  must  be  stamped  with  about  80  per  cent,  of  the  maxi- 
mum current  which  they  can  carry  indefinitely,  thus  allowing  about 
25  per  cent,  overload  before  the  fuse  melts. 

c.  Fuse  terminals  must  be  stamped  with  the  maker's  name  or 
initials,  or  with  some  known  trade-mark. 

2.  Enclosed  fuses — plug  and  cartridge  type;  except  for  rosettes, 
attachment  plugs,  car-lighting  cut-outs  and  protective  devices  for 
signal  systems. 


ELECTRICAL   CONTROL 


245 


d.  The  fuse  casing  must  be  sufficiently  dust-tight  so  that  lint  and 
dust  cannot  collect  around  the  fusible  wire  and  become  ignited  when 
the  fuse  is  blown. 

e.  Enclosed  fuses  must  be  classified  to  correspond  with  the  different 
classes  of  cut-out  blocks,  and  must  be  so  designed  that  it  will  be  im- 
possible to  put  any  fuse  of  a  given  class  into  a  cut-out  block  which 
is  designed  for  a  current  or  voltage  lower  than  that  of  the  class  to 
which  the  fuse  belongs. 

f .  The  fuse  terminals  must  be  sufficiently  heavy  to  insure  mechan- 
ical strength  and  rigidity.    The  styles  of  terminals,  except  for  use  in 
scalable  service  and  meter  cut-outs,  must  be  as  follows: 

Not  over  250  volts — 

A.  Cartridge  fuse  (ferrule  contact). 

B.  Approved  plug  or  cartridge  fuses  in  approved 
0-30  amps.  casings  for  Edison  plug  cut-outs  not  exceeding 

125  volts,  but  including  any  circuit  of  a  3-wire 
125-250  volt  systems,  with  grounded  neutral. 

31-60      "         Cartridge  fuse  (ferrule  contact)  for  use  also  in  ap- 
proved casings  for  large  size  Edison  plug  type 
250-volt  cut-outs. 
61-100    ||      ] 

201^400    "        Cartridge  fuse  (knife  blade  contact). 
401-600    "     j 
Not  over  600  volts— 


0-30  am] 

31-60     " 

61-100    " 

101-200    " 

201-400    " 


Cartridge  fuse  (ferrule  contact). 
Cartridge  fuse  (knife  blade  contact). 


3.  Exceptions.  The  requirements  of  subdivision  2  of  this  section 
shall  not  apply  to  fuses  for  rosettes,  attachment  plugs,  car-lighting 
cut-outs  and  protective  devices  for  signaling  systems. 

g.  Cartridge  enclosed  fuses  and  corresponding  cut-out  blocks, 
except  for  scalable  service  and  meter  cut-outs,  must  conform  to  the 
dimensions  given  in  the  following  table: 

Table  of  Dimensions  of  the  National  Electrical  Code  Standard  Car- 
tridge Enclosed  Fuse 


-I — 


Form  1      Cartridge  fuse — ferrule  contact. 


246 


CODE   OF   ORDINANCES  OF  THE   CITY   OF  NEW   YORK 


Table  of  Dimensions  of  the  National  Electrical  Code  Standard  Car- 
tridge Enclosed  Fuse — Continued 


Form  2      Cartridge  fuse — knife  blade  contact. 


A 

B 

C 

Distance 

Rated 

Length 

Between 

Width  of 

Voltage 

Capacity, 
Amperes 

over 
Terminals, 

Contact 
Clips, 

Contact 
Clips, 

Inches 

Inches 

Inches 

Not  over  250 

0-30 

Form 

1..         2 

1 

1-2 

31-60 

Form 

1  3 

1  3-4 

5-8 

61-100 

Form 

2  5 

7-8 

4 

7-8 

101-200 

Form 

2....     7 

1-8 

4  1-2 

1  1-4 

201-400 

Form 

2....     8 

5-8 

5 

1  3-4 

401-600 

Form 

2....    10 

3-8 

6 

2  1-8 

Not  over  600 

.  .  .  .       0-30 

Form 

1....     5 

4 

1-2 

31-60 

Form 

1....     5 

1-2 

4  1-4 

5-8 

61-100 

Form 

2....     7 

7-8 

6 

7-8 

101-200 

Form 

2....     9 

5-8 

7 

1  1-4 

201-400 

Form 

2....   11 

5-8 

8 

1  3-4 

D  E                  F               G 

Diameter  Minimum 

of  Ferrules  Length  of                       Width  of 
or  Thickness    Ferrules  or  Diameter  Terminal 

of  of  Terminal    of  Tube,    Blades, 

Terminal  Blades  Out-      Inches       Inches 

Blades,  side  of  Tube, 

Inches  Inches 


Rated 
Capacity, 
Amperes 


9-16 

1-2 

1-2 

Form  1  

0-30 

13-16 
1-8 
3-16 
1-4 
1-4 
13-16 

5-8 
1 
1  3-8 
1  7-8 
2  1-4 
1-2 

3-4 
1 
1  1-2 
2 
2  1-2 
3-4 

3-4 
1  1-8 
1  5-8 
2 

Form  1  .  .  .  . 
Form  2  
Form  2  
Form  2  
Form  2  
Form  1. 

31-60 
61-100 
101-200 
201-400 
401-600 
0-30 

1  1-16 
1-8 
3-16 
1-4 

5-8 
1 
1  3-8 

1  7-8 

1 
1  1-4 
1  3-4 
2  1-2 

"3^4 
1  1-8 

1  5-8 

Form  1  .  .  .  . 
Form  2  
Form  2  
Form  2  

31-60 
61-100 
101-200 
201-400 

ELECTRICAL   CONTROL  247 

h. 

i.  Enclosed  fuses  must  be  marked,  where  the  marking  will  be 
plainly  visible,  with  the  name  or  trade-mark  of  the  maker,  the  voltage 
and  current  for  which  the  fuse  is  designed,  and  the  words  "National 
Electrical  Code  Standard."  Each  fuse  must  have  a  label,  the  color 
of  which  must  be  green  for  250-volt  fuses  and  red  for  600- volt  fuses. 

k.  Enclosed  fuses  must  not  hold  an  arc  or  throw  out  melted  metal 
or  sufficient  flame  to  ignite  easily  inflammable  material  on  or  near 
the  cut-out  when  only  one  fuse  is  blown  at  a  time  on  a  short  circuit 
on  a  system  of  the  voltage  for  which  the  fuse  is  rated. 

§  569.  Panel  boards. — a.  The  specifications  for  construction  of 
switches  and  cut-outs  (see  §  565  and  §  567  of  this  chapter)  must  be 
followed  as  far  as  they  apply. 

In  the  relative  arrangement  of  fuses  and  switches,  the  fuses  may  be 
placed  between  the  bus-bars  and  the  switches,  or  between  the 
switches  and  the  circuits,  except  in  the  case  of  service  switches, 
when  §  423a  of  this  chapter  must  be  complied  with.  When  the 
branch  switches  are  between  the  fuses  and  bus-bars,  the  connections 
must  be  so  arranged  that  the  blades  will  be  dead  when  the  switches 
are  open.  When  there  are  exposed  live  metal  parts  on  the  back  of  a 
board,  or  where  the  board  will  be  subject  to  moisture,  a  space  of  at 
least  1-2  inch  must  be  provided  between  such  live  metal  parts  and 
the  cabinet  in  which  the  board  is  mounted. 

b.  The  following  minimum  distance  between  bare  live  metal  parts 
(bus-bars,  etc.)  must  be  maintained: 


Between  Parts  of  Opposite  Polarity     1 
Except  at  Switches  and  Link  Fuses 

Between  Parts 
of  Same 
Polarity 
at 
Link  Fuses 

When  Mounted  on 
the  Same  Surface 

When  Held  Free 
in  Air 

Not  over  125  volts      3-4  inch 
Not  over  250  volts  1  1-4  inch 
Not  over  600  volts  2         inch 

1-2  inch 
3-4  inch 
1  3-4  inch 

1-2  inch 
3-4  inch 

At  switches  or  enclosed  fuses  parts  of  the  same  polarity  may  be 
placed  as  close  together  as  convenience  in  handling  will  allow. 

The  spacings  given  in  the  first  column  apply  to  the  branch  con- 
ductors where  enclosed  fuses  are  used.  Where  link  fuses  or  knife 
switches  are  used,  the  spacings  must  be  at  least  as  great  as  those  re- 
quired by  §§  565  and  567  of  this  chapter. 

The  spacings  given  in  the  second  column  apply  to  the  distance  be- 
tween the  raised  main  bars  and  between  these  bars  and  the  branch 
bars  over  which  they  pass. 

Panel  boards  of  special  design  in  which  the  insulation  and  separa- 
tion between  bus-bars  and  between  other  current  carrying  parts  is 
secured  by  means  of  barriers  or  insulating  materials  instead  of  by 
the  spacings  given  above,  must  be  submitted  for  special  examination 
and  approval  before  being  used. 


248  CODE    OF   ORDINANCES   OF   THE    CITY   OF  NEW   YORK 

c.  Panel  boards  must  be  marked  where  the  marking  can  be  plainly 
seen  when  installed,  with  the  name  or  trade-mark  of  the  manufac- 
turer and  the  maximum  capacity  in  amperes  and  the  voltage  for 
which  the  board  is  designed. 

§  570.  Cabinets  and  cut-out  boxes. — a.  Cabinets  are  intended  for 
enclosing  feeder  and  circuit  branch  panelboards  and  similar  devices. 
They  may  be  designed  for  either  surface  or  flush  mounting  and  are 
usually  provided  with  removable  frames  or  matts,  trims,  etc.,  in 
which  the  swinging  doors  are  hung;  when  for  the  enclosure  of  appara- 
tus connected  within  the  cabinet  to  the  wires  of  more  than  four  cir- 
cuits they  shall  have  a  back  wiring  space  or  one  or  more  side  wiring 
spaces,  side  gutters  or  wiring  compartments  unless  the  wires  leave 
the  cabinet  directly  opposite  their  terminal  connections.  When  in- 
tended for  installation  out-of-doors  they  must  be  of  the  weatherproof 
pattern. 

b.  Cut-out  boxes  are  intended  for  enclosing  single  devices  or  com- 
binations of  devices  connected  within  the  cut-out  box  to  the  wires 
of  not  more  than  four  circuits  and  usually  are  designed  for  surface 
mounting,  having  swinging  doors  or  covers  secured  directly  to  the 
wall  of  the  box.    When  intended  for  installation  out-of-doors  they 
must  be  of  the  weatherproof  pattern. 

c.  Design  and  construction  of  all  cabinets  and  cut-out  boxes  must 
be  such  as  to  insure  ample  strength  and  rigidity. 

d.  The  spacing  within  cabinets  and  cut-out  boxes  must  be  suffi- 
cient to  provide  ample  room  for  the  distribution  of  wires  and  cables 
placed  in  them,  and  for  a  separation  between  metal  parts  of  cabinets 
or  cut-out  boxes  and  current  carrying  parts  of  devices  and  apparatus 
mounted  within  them  as  follows: 

1.  There  must  be  an  air  space  of  at  least  1-16  inch,  except  at 
points  of  support,  between  the  base  of  the  device  and  the  wall  of  any 
metal  cabinet  or  cut-out  box  on  which  the  device  is  mounted. 

2.  There  must  be  an  air  space  of  at  least  one  inch  between  any 
enclosed  fuse  or  current-carrying  part  and  the  door,  unless  the  door 
is  lined  with  an  approved  insulating  material  or  is  of  a  thickness  at 
least  that  of  No.  12  U.  S.  gage  when  the  air  space  must  be  not  less 
than  one-half  inch. 

3.  There  must  be  a  space  of  at  least  two  inches  between  open  link 
fuses  and  metal  or  glass  of  walls  or  doors. 

4.  Except  as  noted  above  there  must  be  an  air  space  of  at  least 
one-half  inch  between  the  walls,  back,  gutter  partition,  if  of  metal,  or 
door  of  any  cabinet  or  cut-out  box  and  the  nearest  exposed  current- 
carrying  part  of  devices  mounted  within  the  cabinet  where  the 
potentials  do  not  exceed  250  volts.    This  spacing  must  be  increased 
to  at  least  one  inch  where  the  potentials  exceed  250  volts. 

5.  Cabinets  and  cut-out  boxes  must  be  deep  enough  to  allow  the 
doors  to  be  closed  when  SO^ampere  branch  circuit  panelboard  switches 
having  spool  or  composition  handles  or  when  switches  of  combina- 
tion cut-outs  are  in  any  position,  and  when  other  single  throw 
switches  are  thrown  open  as  far  as  their  construction  and  installa- 
tion will  permit. 

6.  Cabinets  having  one  or  more  side  wiring  spaces,  side  gutters  or 
side  wiring 'compartments  must  be  furnished  with  covers,  barriers 
or  partitions  extending  around  or  from  the  side  or  sides  of  all  bases 


ELECTRICAL   CONTROL  249 

or  groups  of  bases  of  the  switches,  cut-outs,  circuit  breakers  or  feeder 
and  circuit  branch  panelboards  within  the  cabinet  and  providing 
a  close  fit  with  the  door,  frame  or  sides  of  the  cabinet  so  as  to  enclose 
these  spaces,  gutters,  or  compartments  and  the  wires  stowed  within 
them.  At  sides  where  wires  or  cables  are  led  from  the  cabinet  at 
points  directly  opposite  their  terminal  connections  to  devices  or 
apparatus  within  the  cabinet,  and  other  wires  or  cables  are  not  placed, 
these  covers,  barriers  or  partitions  may  be  omitted. 

When  cabinets  have  back  wiring  spaces  which  are  not  entirely 
enclosed,  covers  must  be  furnished  to  provide  equivalent  enclosure. 

§  571.  Rosettes. — a.  Current-carrying  parts  of  rosettes  must  be 
mounted  on  non-combustible,  non-absorptive,  insulating  bases. 
There  should  be  no  openings  through  the  rosette  base  except  those 
for  the  supporting  screws  and  in  the  concealed  type  for  the  conduc- 
tors also,  and  these  openings  should  not  be  made  any  larger  than 
necessary.  There  must  be  at  least  M  inch  space,  measured  over  the 
surface,  between  supporting  screws  and  current-carrying  parts.  The 
supporting  screws  must  be  so  located  or  countersunk  that  the  flexible 
cord  cannot  come  in  contact  with  them.  Bases  for  the  knob  and 
cleat  type  must  have  at  least  2  holes  for  supporting  screws;  must  be 
high  enough  to  keep  the  wires  and  terminals  at  least  Yz  inch  from 
the  surface  to  which  the  rosette  is  attached  and  must  have  a  por- 
celain lug  under  each  terminal  to  prevent  the  rosette  from  being 
placed  over  projections  which  would  reduce  the  separation  to  less 
than  l/2  inch.  Bases  for  the  moulding  and  conduit  box  types  must 
be  high  enough  to  keep  the  wires  and  terminals  at  least  3/s  inch  from 
the  surface  wired  over. 

b.  Contact  pieces  and  terminals  must  be  secured  in  position  by  at 
least  2  screws,  or  made  with  a  square  shoulder,  or  otherwise  arranged 
to  prevent  turning.    The  nuts  or  screw  heads  on  the  under  side  of  the 
base  must  be  countersunk  not  less  than  Vs  inch  and  covered  with  a 
waterproof  compound  which  will  not  melt  below  150  degrees  Fah- 
renheit (65  degrees  Centigrade). 

c.  Line  terminal  plates  must  be  at  least  .06  inch  in  thickness,  and 
terminal  screws  must  not  be  smaller  than  No.  6  standard  screw  with 
about  32  threads  per  inch.    Terminal  plates  for  the  flexible  cord  must 
be  at  least  .06  inch  in  thickness.    The  connection  to  these  plates  shall 
be  by  binding  screws  not  smaller  than  No.  5  standard  screw  with 
about  40  threads  per  inch.    At  all  binding  screws  for  line  wires  and 
for  flexible  cord,  upturned  lugs,  or  some  equivalent  arrangement, 
jiust  be  provided  which  will  secure  the  wires  under  the  screw  heads. 

cl.  The  diameter  of  the  cord  inlet  hold  should  measure  13-32  inch 
in  order  that  standard  portable  cord  may  be  used. 

e.  Ample  space  must  be  provided  for  a  substantial  knot  tied  in  the 
cord  as  a  whole.     All  parts  of  the  rosette  upon  which  the  knot  is 
likely  to  bear  must  be  smooth  and  well  rounded. 

f .  When  the  rosette  is  made  in  2  parts,  the  cover  must  be  secured 
to  the  base  so  that  it  will  not  work  loose. 

g.  Rosettes  must  be  plainly  marked  where  the  marking   may 
readily  be  seen  after  the  rosette  has  been  installed,  with  the  name 
or  trade-mark  of  the  manufacturer,  and  the  rating  in  amperes  and 
volts.    Fuseless  rosettes  may  be  rated  3  amperes,  250  volts. 

h. 


250  CODE    OF   ORDINANCES   OF   THE   CITY   OF   NEW   YORK 

§  572.  Sockets,  including  lamp  receptacles. — a.  Sockets  shall  be 
classed  according  to  diameters  of  lamp  bases  as  candelabra,  medium 
and  mogul  base,  to  be  known  respectively  as  Y%  inch,  1  inch  and  1 Y% 
inches  nominal  sizes,  with  ratings  as  specified  in  the  following  table: 


-Ratings- 


Key  Keyless 

Max.  Max. 

Amp.  Amp. 

Nominal  at  any  at  any 

Class  Diam.     Watts  Volts  Voltage  Watts  Volts  Voltage 


Candelabra 
Medium.  .  . 

Mogul  

'.'.  1 
1 

1-2 
1-?, 

in. 
in. 

in 

75 
250 
*660 

125 
250 
250 

2 

6 

3-4 
1-2 

75 

660 
660 
1500 

125 
250 
600 
250 

1 
6 

t 

1500 

600 

Miniature  sockets  having  screw  shells  smaller  than  the  candelabra 
size  may  be  used  for  decorative  lighting  systems,  Christmas  tree 
lighting  outfits  and  similar  purposes. 

b.  All  sockets  must  be  marked  with  the  name  or  trade-mark  of  the 
manufacturer  and  with  the  watts  and  volts  which  apply  to  the  class. 
The  rating  marks  may  be  abbreviated,  as,  for  example,  "250  W., 
250  V."    Each  lamp  holder  of  double-ended  sockets  must  be  rated 
as  specified  above,  the  device  being  marked  with  a  single  marking 
applying  to  each  end. 

c.  Metal  used  for  shells  must  be  moderately  hard,  but  not  hard 
enough  to  be  brittle  or  so  soft  as  to  be  easily  dented  or  knocked  out 
of  shape.    Brass  shells  must  be  at  least  .013  inch  in  thickness  and  for 
mogul  sockets  not  less  than  .025  inch,  and  shells  of  any  other  material 
must  be  thick  enough  to  give  the  equivalent  stiffness  and  strength. 

d.  The  inside  of  metal  shells  must  be  lined  with  insulating  ma- 
terial, which  must  absolutely  prevent  the  shell  from  becoming  a 
part  of  the  circuit,  even  though  the  wires  inside  the  sockets  should 
become  loosened  or  detached  from  their  position  under  the  terminal 
screws.    The  material  used  for  lining  must  be  at  least  1-32  inch  in 
thickness,  and  must  be  firm,  compact,  tough  and  tenacious.    It  must 
not  be  injuriously  affected  by  the  heat  from  the  largest  lamp  per- 
mitted in  the  socket.    It  is  preferable  to  have  the  lining  in  one  piece. 
The  lining  must  not  extend  beyond  the  metal  shell  more  than  I/B 
inch,  but  must  prevent  any  current-carrying  part  of  the  lamp  base 
from  being  exposed  when  a  lamp  is  in  the  socket.    The  cap  must 
also  be  lined,  and  this  lining  must  comply  with  the  requirements  for 
shell  linings. 

e.  Caps  when  made  of  sheet  brass  must  be  at  least  .013  inch  in 
thickness  and  .025  inch  for  mogul  sockets,  and  when  cast  or  made 
of  other  metals  must  be  of  equivalent  strength. 

*  This  rating  may  be  given  to  sockets  having  a  switch  mechanism  which  produce 
both  a  quick  "  make  "  and  a  quick  "  break  "  action. 

t  Ratings  to  be  assigned  later,  pending  further  discussion  with  manufacturers. 


ELECTRICAL   CONTROL  251 

The  inlet  piece  must  contain  sufficient  metal  for  5  full  threads, 
and  when  not  in  one  piece  with  the  cap  must  be  riveted  or  otherwise 
secured  to  give  the  strength  of  a  single  piece.  There  must  be  suffi- 
cient room  in  the  cap  to  enable  the  ordinary  wireman  to  easily  and 
quickly  make  a  knot  in  the  cord  and  to  push  it  into  place  in  the  cap 
without  crowding.  All  parts  of  the  cap  upon  which  the  knot  is  likely 
to  bear  must  be  smooth  and  well  insulated. 

f.  The  frame  which  holds  the  moving  parts  must  be  sufficiently 
heavy  to  give  ample  strength  and  stiffness.    Brass  pieces  containing 
terminal  screws  must  be  sufficiently  heavy  to  give  ample  strength 
and  stiffness,  and  have  at  least  .06  inch  of  thread  for  terminal  screws. 
Terminal  post  screws  must  not  be  smaller  than  No.  5  standard 
screw,  with  about  40  threads  per  inch. 

g.  For  candelabra  and  medium  sized  sockets  rated  at  250  volts, 
points  of  opposite  polarity  must  everywhere  be  kept  not  less  than 
3-64  inch  apart,  and  for  mogul  sockets  and  sockets  rated  at  600  volts 
not  less  than  ]/8  inch  apart,  provided,  however,  if  substantial  barriers 
of  approved  insulating  material  are  used  to  separate  such  parts, 
these  distances  may  be  correspondingly  reduced,  but  in  no  event 
must  the  separation  distances  measured  over  the  surfaces  of  the 
barriers  be  less  than  those  specified  above. 

h.  The  parts  to  which  wiring  connections  are  made  must  be  de- 
signed to  securely  grip  the  conductors.  An  upturned  lug  or  some 
equivalent  arrangement  must  be  provided  to  hold  the  wires  under 
the  screw  heads. 

i.  The  socket  must  firmly  hold  the  lamp  in  place  so  that  it  cannot 
be  easily  jarred  out  and  must  provide  a  contact  good  enough  to  pre- 
vent undue  heating  with  the  maximum  current  allowed.  The  hold- 
ing pieces,  springs  and  the  like,  if  a  part  of  the  circuit,  must  not  be 
sufficiently  exposed  to  allow  them  to  be  brought  in  contact  with 
anything  outside  of  the  lamp  and  socket. 

j.  The  base  on  which  current  carrying  parts  are  mounted  must  be 
of  porcelain  or  other  non-combustible,  non-absorptive,  insulating 
material  approved  for  such  use. 

k.  The  key  handle  must  not  soften  or  become  injured  when  used 
to  operate  the  socket  at  a  temperature  of  150  degrees  Fahrenheit. 
The  handle  should  be  thoroughly  substantial  and  securely,  but  not 
necessarily  rigidly,  attached  to  the  spindle  or  lever  which  it  is  de- 
signed to  control. 

1.  All  screws  in  porcelain  pieces,  which  can  be  firmly  sealed  in  place, 
must  be  so  sealed  by  a  waterproof  compound  which  will  not  melt 
below  200  degrees  Fahrenheit  (93  degrees  Centigrade). 

m.  The  socket  as  a  whole  must  be  so  put  together  that  parts  will 
not  loosen  under  the  most  severe  conditions  they  are  likely  to  meet 
with  in  practice.  The  base  must  be  held  hi  such  a  manner  as  to  pre- 
vent turning  or  displacement  relative  to  the  shell. 

o.  Keyless  sockets  of  all  kinds  must  comply  with  the  requirements 
for  key  sockets  as  far  as  they  apply. 

p.  Sockets  made  of  porcelain  or  other  insulating  material  must 
conform  to  the  above  requirements  as  far  as  they  apply,  and  all 
parts  must  be  strong  enough  to  withstand  a  moderate  amount  of 
hard  usage  without  breaking.  Lead  wires  permanently  attached  to 
sockets  and  sealed  in  place  must  have  separate  outlets  or  be  separated 


252  CODE   OF  ORDINANCES  OF  THE   CITY  OF  NEW  YORK 

not  less  than  %  inch  in  the  clear.  The  wires  must  be  stranded  and 
have  approved  insulating  coverings. 

q.  Where  a  socket  is  not  attached  to  a  fixture,  the  inlet  must  be 
provided  with  an  approved  insulating  bushing  which,  if  threaded, 
must  be  not  less  than  9-32  inch  pipe  size.  The  edges  of  bushings 
must  be  rounded  and  all  inside  fins  removed  so  that  in  no  case  will 
the  cord  be  subjected  to  the  cutting  or  wearing  action  of  a  sharp  edge. 

Bushings  should  have  holes  not  less  than  9-32  inch  in  diameter 
for  plain  pendant  cord,  and  13-32  inch  in  diameter  for  reinforced 
cord. 

§573. 

§  574.  Arc  lamps. — a.  Arc  lamps  must  be  provided  with  reliable 
stops  to  prevent  carbons  from  falling  out  in  case  the  clamps  become 
loose. 

b.  All  exposed  parts  must  be  carefully  insulated  from  the  circuit. 

c.  Terminals  must  be  designated  to  secure  a  thoroughly  good  and 
permanent  contact  with  supply  wires,  which  contact  must  not  be- 
come loosened  by  motion  of  the  lamp  during  trimming. 

§575. 

§  576.  Insulating  joints. — a.  Insulating  joints  must  be  made  of 
approved  materials  both  for  metal  and  other  parts,  including  the 
finishing  materials  for  exterior  and  interior  surfaces.  Except  for 
studs  designed  to  be  mounted  with  screws  or  bolts,  they  must  have  a 
substantial  exterior  metal  casing  insulated  from  both  screw  con- 
nections; they  must  be  threaded  in  an  approved  manner;  and  they 
must  comply  with  the  prescribed  tests  for  heat,  leakage,  dielectric 
strength,  torsion  and  bending. 

b.  Each  joint  and  stud  must  be  marked  with  the  name  or  trade- 
mark of  the  manufacturer. 

§  577.  Fixtures. — a.  Fixtures  must  be  made  of  metal  or  hard  wood, 
except  that  other  approved  material  may  be  used  if  reinforced  by 
metal  or  otherwise  constructed  to  secure  requisite  mechanical 
strength.  In  all  cases  mechanical  strength  must  be  secured  practi- 
cally equivalent  to  an  all-metal  fixture  of  similar  size  and  form. 

In  all  fixtures  not  made  entirely  of  metal,  wireways  must  be  metal 
lined  unless  approved  armored  conductors  with  suitable  fittings  are 
used.  An  exception  is  made  in  the  case  of  wireways  in  glass,  marble 
or  similar  non-absorptive,  non-combustible  insulating  materials. 

All  arms  must  be  reliably  secured,  to  prevent  turning  by  threading 
and  soldering,  brazing,  threading  locked  by  set  screw  or  an  equiva- 
lent method. 

With  screw  joints  of  arms  and  stems  there  must  be  not  less  than 
five  threads  all  engaging  at  fixture  supports,  fixture  bodies,  etc. 

All  methods  of  fastening  arms  or  making  joints  between  metal 
parts  by  threading,  brazing  or  otherwise,  must  be  such  as  to  secure 
in  every  case  ample  strength  and  reliability. 

Sockets  must,  except  on  pendant  cords,  be  attached  to  the  metal 
of  the  fixtures  and  must  be  secured  in  a  reliable  and  permanent 
manner  by  threading  locked  by  set-screws  or  brazing  or  an  equiva- 
lent method. 

All  burrs  and  fins  in  wireways  must  be  removed  and  all  sharp 
edges  at  points  where  wires  emerge  from  arms,  stems,  chains,  etc., 
must,  when  practicable,  be  removed  or  rounded,  but  in  every  case 


ELECTRICAL  CONTROL  263 

it  must  be  possible  to  pull  in  and  also  to  withdraw  the  wires  without 
injuring  them. 

Where  supply  wires  enter  casings  of  fixture  stems  in  either  straight 
electric  or  combination  gas  and  electric  fixtures,  there  must  be  suita- 
ble fittings  having  smooth,  rounded  edges  to  prevent  injury  to  the 
wire  coverings  and  to  prevent  the  wires  from  coming  into  contact 
with  the  edges  of  the  ends  of  casings. 

Fixtures  for  installation  outdoors  or  where  exposed  to  moisture 
must  be  so  constructed  that  water  cannot  enter  the  wireways,  sockets 
or  other  electrical  parts. 

b.  Conductors  must  be  not  smaller  than  No.  18  B.  &  S.  gage. 

On  chains  or  similar  parts  where  conductors  are  not  completely 
enclosed  in  metal,  the  conductors  must  be  stranded  and  must  have 
rubber  insulation  not  less  than  1-32  inch  in  thickness.  Wires  and 
flexible  cords  must,  when  fixtures  are  externally  wired,  be  so  secured 
as  not  be  to  cut  or  abraded  by  the  pressure  of  the  fastenings  or  mo- 
tion of  the  fixture,  and  must  be  protected  against  abrasion  where 
they  pass  through  sheet  metal  pans,  canopies,  etc. 

Conductors  must  be  so  spliced  or  joined  as  to  be  both  mechanically 
and  electrically  secure  without  solder.  The  joints  must  then  be 
soldered  (unless  made  with  some  form  of  approved  splicing  device) 
and  covered  with  an  insulation  equal  to  that  on  the  conductors,  i.  e., 
with  both  rubber  and  friction  tape.  Wires  must,  within  the  arms 
and  stems,  be  without  splices  ancf  taps,  i.  e.,  it  should  not  be  neces- 
sary to  withdraw  the  wires  to  inspect  splices  and  taps. 

Receptacles  must  be  so  installed  as  to  afford  permanent  and  re- 
liable means  to  prevent  possible  turning  relative  to  the  surfaces  on 
which  they  are  mounted. 

Receptacles  having  exposed  terminals  must  not  be  used  in  canopies 
unless  completely  enclosed  in  metal. 

c.  Tubing  used  in  threaded  arms  and  stems  must  not  be  lighter 
than  No.  18  B.  &  S.  gage.    The  thickness  of  unthreaded  arms  will 
depend  largely  upon  the  method  used,  and  all  methods  of  fastening 
arms  or  stems  must  be  such  as  to  secure  in  every  case  strength  equiva- 
lent to  that  of  a  threaded  connection.    Such  methods  must  be  sub- 
mitted for  examination,  test  and  approval.    Tubing  should  not  be 
kinked,  flattened  or  cracked. 

Canopies  must  be  made  sufficiently  large,  except  where  outlet 
boxes  are  used,  to  permit  the  stowing  away  of  splices  to  fixture  leads 
and  to  allow  supply  conductors,  and  especially  the  splices  to  be  kept 
clear  of  the  grounded  part  of  gas  pipes. 

All  methods  of  fastening  arms  or  stems  to  fixture  supports  must 
be  such  as  to  secure  in  every  case  strength  equivalent  to  that  of  a 
threaded  connection. 

Conductors  used  in  wiring  fixtures  must  be  of  approved  fixture 
wire,  approved  flexible  cord,  or  approved  rubber-covered  wire,  ex- 
cepting that  conductors  having  approved  slow-burning  or  other 
heat-resisting  coverings  must  be  used  in  wiring  fixtures  in  which  the 
wiring  is  exposed,  from  the  heat  of  lamps  to  temperatures  in  excess  of 
120  degrees  Fahr.  (49  degrees  Centigrade).  All  such  forms  of  fix- 
tures must  be  submitted  for  examination,  test  and  approval  before 
being  introduced  for  use. 

All  fixtures  should,  where  possible,  be  sufficiently  ventilated  to 


254  CODE   OP   ORDINANCES  OP  THE   CITY   OP  NEW   YORK 

avoid  exposing  the  wiring  to  high  temperatures,  and  the  wiring  of 
fixtures  should  be  so  disposed  as  to  be  kept  as  free  as  possible  from 
excessive  temperatures. 

All  electrical  fittings  (including  insulating  joints,  sockets,  recepta- 
cles, switches,  attachment  plugs,  etc.)  must  be  of  approved  types. 

Canopy  insulators  must  be  of  approved  types.  They  must  be 
securely  fastened  in  place  so  as  to  separate  the  canopies  thoroughly 
and  permanently  from  the  surfaces  and  outlet  boxes  from  which 
they  are  designed  to  be  insulated.  A  strip  of  a  good  grade  of  hard 
fibre  1-16  inch  thick,  permanently  attached  to  the  canopy  at  the 
ends,  and  at  intermediate  points,  in  such  a  manner  that  the  strip 
will  permanently  extend  at  least  3-16  inch  beyond  the  entire  upper 
edge  of  the  canopy  rim,  will  be  acceptable.  Where  the  above  con- 
struction is  impracticable  a  sheet  of  a  good  grade  of  hard  fibre  1-16 
inch  thick,  permanently  attached  to  the  canopy  and  cut  to  conform 
to  the  general  outline  of  the  canopy  and  with  the  edges  of  the  sheet 
at  least  flush  with  the  edges  of  the  canopy  will  be  acceptable.  The 
insulating  strip  or  sheet  must  be  secured  by  rivets  or  screws  and  the 
rivets  or  screws  must  be  so  located  or  countersunk  that  the  desired 
effective  insulation  distance  is  obtained. 

d.  Tests.   Each  fixture  (after  wiring  and  assembly)  must  be  tested 
with  a  magneto  which  will  ring  through  a  resistance  of  at  least  50,000 
ohms  and  show  no  short  circuits  between  conductors  or  contacts  be- 
tween conductors  and  metal  parts  of  fixtures. 

e.  Markings.    Each  fixture  must  be  marked  with  the  manufac- 
turer's name  or  trade-mark. 

§  578.  Rheostats,  resistance  boxes  and  equalizers. — a.  Rheostats, 
resistance  boxes  and  equalizers  must  be  made  entirely  of  non-com- 
bustible materials,  except  such  minor  parts  as  handles,  magnet  in- 
sulation, etc.  All  segments,  lever  arms,  etc.,  must  be  mounted  on 
non-combustible,  non-absorptive  insulating  material.  Holes  for 
the  supporting  screws  which  secure  this  material  in  position  must  be 
so  located  or  countersunk  that  there  will  be  at  least  one-half  inch 
space,  measured  over  the  surface,  between  the  head  of  the  screw  or 
washer  and  the  nearest  live  metal  part. 

b.  Rheostats,  resistance  boxes  and  equalizers  must  be  so  con- 
structed that  when  mounted  on  a  plane  surface  the  casing  will  make 
contact  with  such  surfaces  only  at  the  points  of  support.    An  air 
space  of  at  least  1-4  inch  between  the  rheostat  casing  and  the  support- 
ing surface  will  be  required.    The  construction  throughout  must  be 
heavy,  rugged  and  thoroughly  workmanlike. 

c.  Clamps  for  connecting  wires  to  the  terminals  must  be  so  de- 
signed as  to  insure  a  thoroughly  good  connection  and  must  be  suf- 
ficiently strong  and  heavy  to  withstand  hard  usage.    For  currents 
above  30  amperes,  lugs  into  which  the  connecting  wires  may  be  sold- 
ered, or  approved  solderless  connectors,  must  be  used.    Clamps  or  lugs 
will  not  be  required  when  leads  are  provided  as  a  part  of  the  device. 

d.  Rheostats,  resistance  boxes  and  equalizers  must  be  plainly 
marked,  where  the  marking  may  be  readily  seen  after  the  device  is 
installed,  with  the  rating  and  the  name  of  the  maker;  and  the  termi- 
nals of  motor-starting  rheostats  must  be  marked  to  indicate  to  what 
part  of  the  circuit  each  is  to  be  connected,  as  "line,"  armature" 
and  "field." 


ELECTRICAL  CONTROL  255 

e.  The  design  of  the  fixed  and  movable  contacts  and  the  resistance 
in  each  section  must  be  such  as  to  secure  the  least  tendency  toward 
arcing  and  roughening  of  the  contacts,  even  with  careless  handling 
or  the  presence  of  dirt.     In  motor-starting  rheostats,  the  contact 
at  which  the  circuit  is  broken  by  the  lever  arm  when  moving  from  the 
running  to  the  starting  position  must  be  so  designed  that  there  will 
be  no  detrimental  arcing.    The  final  contact,  if  any,  on  which  the 
arm  is  brought  to  rest  in  the  starting  position  must  have  no  electrical 
connection. 

f.  Motor-starting  rheostats  must  be  so  designed  that  the  contact 
arm  cannot  be  left  on  intermediate  segments,  and  for  direct  current 
circuits  must  be  provided  with  an  automatic  device  which  will  in- 
terrupt the  supply  circuit  before  the  speed  of  the  motor  falls  to  less 
than  Vs  of  its  normal  value.    In  motor-starting  rheostats  for  alter- 
nating current  circuite  the  automatic  interrupting  device  may  be 
omitted. 

g.  Overload-release  devices  which  are  inoperative  during  the  proc- 
ess of  starting  a  motor  will  not  be  approved,  unless  other  circuit 
breakers  or  fuses  are  installed  in  connection  with  them. 

§  579.  Auto-starters. — a.  Coils  and  switches  of  auto-starters  used 
in  dusty  and  linty  places  or  where  exposed  to  flyings  of  combustible 
material,  must  be  completely  enclosed  in  substantial  metal  cases 
so  constructed  as  to  effectually  exclude  ordinary  dust,  lint  or  flyings 
of  combustible  material. 

Auto-starters  used  in  places  where  the  above  conditions  do  not 
exist,  may  be  of  any  approved  type.  Cases  for  either  transformer 
joils  or  switches  must  provide  for  access  to  the  interior  for  inspection 
and  for  renewal  of  oil,  and  must  be  so  constructed  that  when  mounted 
on  a  plane  surface  the  casing  will  make  contact  with  such  surface 
only  at  points  of  support.  An  air  space  of  at  least  Y±  inch  between 
the  casing  and  supporting  surface  will  be  required.  The  oil  tank 
shall  be  marked  in  a  suitable  manner  to  indicate  the  proper  oil  level. 
When  such  device  carries  a  visual  oil  indicator,  the  marking  shall  be 
for  the  proper  oil  level  with  the  starter  assembled.  If  the  visual 
indicator  is  not  used,  markings  shall  indicate  the  oil  level  prior  to 
assembling.  The  switch  must  provide  an  off  position,  a  running 
position  and  at  least  one  starting  position.  It  must  be  so  arranged 
that  it  will  be  held  in  off  and  running  positions  but  cannot  be  left  in 
a  starting  position  or  without  the  proper  running  over-load  protec- 
tive devices  in  the  circuit.  The  construction  throughout  must  be 
thoroughly  substantial. 

b.  Clamps  for  connecting  wires  to  the  terminals  must  be  so  de- 
signed as  to  insure  a  thoroughly  good  connection  and  must  be  suf- 
ficiently strong  and  heavy  to  withstand  hard  usage.    For  currents 
above  30  amperes,  lugs  into  which  the  connecting  wires  may  be 
soldered,  or  approved  solderless  connectors,  must  be  used.    Clamps 
or  lugs  will  not  be  required  when  leads  are  provided  as  a  part  of  the 
device. 

c.  Auto-starters  must  be  plainly  marked,  where  the  marking  may 
be  readily  seen  after  the  device  is  installed,  with  the  rating  and  name 
of  the  maker;  terminals  to  be  so  marked  as  to  indicate  to  what  part 
of  the  circuit  each  is  to  be  connected. 

§  580.  Reactive  coils  and  condensers. — a.  Reactive  coils  must  be 


256  CODE   OP   ORDINANCES   OF  THE   CITY   OP   NEW    YORK 

made  of  non-combustible  material,  mounted  on  non-combustible 
bases  and  treated,  in  general,  as  sources  of  heat. 

b.  Condensers  must  be  treated  like  other  apparatus  operating 
with  equivalent  voltage  and  currents.  They  must  have  non-combus- 
tible cases  and  supports,  and  must  be  isolated  from  all  combustible 
materials  and,  in  general,  treated  as  sources  of  heat. 

§  581.  Transformers,  low  potential.  1.  Air  cooled  transformers. — 
a.  Air  cooled  transformers  must  be  placed  in  substantial  metallic 
or  other  non-combustible  cases,  which  completely  enclose  all  current- 
carrying  parts,  with  the  exception  of  the  terminals  of  the  low  voltage 
windings  as  specified  below.  Sheet  metal  cases  must  be  not  less  than 
1-32  inch  in  thickness,  and  cast  iron  must  be  not  less  than  1-8  inch 
in  thickness.  Such  transformers  must  be  so  constructed  that  when 
mounted  on  a  plane  surface  the  casing  will  make  contact  with  such 
surface  only  at  the  points  of  support.  An  air  Space  of  at  least  one- 
fourth  of  an  inch  between  the  transformer  casing  and  the  support- 
ing surface  will  be  required. 

Leads  of  approved  cable  at  least  6  inches  in  length  and  so  secured 
as  to  prevent  strain  coming  on  the  connections  to  the  coils,  must 
be  brought  out  of  the  case  through  approved  insulating  bushings, 
except  for  bell-ringing  and  toy  transformers,  the  low  voltage  ter- 
minals of  which  may  be  binding  posts  mounted  on  the  case. 

The  construction  throughout  must  be  substantial  and  thoroughly 
workmanlike. 

b.  Air  cooled  transformers  must  be  plainly  marked,  where  the 
marking  will  be  readily  seen  after  the  transformer  is  installed,  with 
the  name  of  maker,  with  the  frequency,  the  high  voltage  and  all  low 
voltages,  and  the  rated  capacity  in  kilo-volt-amperes. 

2.  Bell  ringing  or  other  signaling  transformers,     d.  Transformers 
for  bell-ringing  or  other  signaling  service  only  must  be  constructed 
in  accordance  with  the  requirem en ts  of  paragraph  a  of  this  section, 
and  may  be  approved  for  use  when  all  wiring  on  the  high  voltage 
side  is  in  accordance  with  the  requirements  of  article  4  of  this  chap- 
ter. 

e.  Such  transformers  must  be  plainly  marked  where  it  can  be  seen 
after  installation,  with  the  name  of  the  manufacturer,  the  frequency, 
the  high  voltage  and  all  low  voltages,  and  the  proper  terminals  must 
be  marked  "Line "  and  "Bell."    The  rating  of  high  voltage  winding 
must  not  be  over  125  volts. 

f .  The  design  of  the  transformer  must  be  such  that  when  any  two 
low  voltage  terminals  are  short  circuited  while  the  rated  voltage  is 
impressed  on  the  high  voltage  coil,  the  input  measured  by  a  watt- 
meter in  the  high  voltage  circuit  will  not  be  more  than  25  watts. 

3.  Toy  transformers,    g.  Transformers  for  operating  toys  must  be 
constructed  in  accordance  with  the  requirements  of  paragraph  a 
of  this  section. 

h.  Such  transformers  must  be  marked  with  the  name  of  the  man- 
ufacturer, high  and  all  low  voltages,  the  frequency  and  the  rated 
capacity  in  volt-amperes. 

The  high  voltage  rating  must  not  exceed  125  volts,  nor  the  low 
voltage  rating  exceed  25  volts. 

i.  Such  transformers  must  be  so  constructed  as  to  stand  the  fol- 
lowing test: 


ELECTRICAL   CONTROL  257 

With  the  high  voltage  coil  connected  to  a  circuit  of  the  rated  vol- 
tage and  frequency  and  with  the  low  voltage  coils  short  circuited, 
the  input  as  measured  by  wattmeter  must  not  exceed  250  watts. 
When  so  connected,  and  run  until  constant  temperature  is  reached 
or  until  burnout  occurs,  the  case  must  not  be  injured  and  there  must 
be  no  escape  of  flames  or  molten  metal. 

§  582.  Lightning  arresters. — a.  Lightning  arresters  must  be  of 
approved  construction. 

§  583.  Electric  signs  (for  low  potential  systems  only). — a.  Electric 
signs  shall  be  constructed  entirely  of  metal,  or  other  incombustible 
material,  except  the  insulation  of  the  wires.  Sheet  metal  must  be 
not  less  than  28  U.  S.  sheet  metal  gage.  All  metal  must  be  galvan- 
ized, enameled,  treated  with  at  least  3  coats  of  anti-corrosive  paint, 
or  otherwise  protected  in  an  approved  manner  against  corrosion. 

b.  Electric  signs  must  be  so  constructed  as  to  secure  ample  strength 
and  rigidity.    Electric  signs  must  be  so  constructed  as  to  be  prac- 
tically weatherproof  and  to  enclose  all  terminals  and  wiring  other 
than  the  supply  leads,  except  that  open  work  will  be  permitted  for 
signs  on  roofs  or  open  ground  where  not  subject  to  mechanical  in- 
jury, provided  the  wiring  is  in  accordance  with  paragraph  e  of  this 
section.    Transformers,  unless  of  weatherproof  type,  cut-outs,  flash- 
ers and  other  similar  devices  on  or  within  the  sign  structure,  must 
be  enclosed  in  approved  cut-out  boxes  or  cabinets,  except  that  if  on 
or  within  the  sign  structure  they  may  be  placed  in  a  separate,  com- 
pletely enclosed  compartment,  or  in  a  substantial  weatherproof  box 
or  cabinet  of  metal  of  thickness  not  less  than  that  of  the  metal  of  the 
sign  itself.     Each  compartment  must  have  suitable  provision  for 
drainage  through  one  or  more  holes,  each  not  less  than  %  inch  in 
diameter. 

c.  Electric  signs  must  have  the  maker's  name  or  trade-mark 
permanently  attached  to  the  exterior. 

d.  Receptacles  must  be  so  designed  as  to  afford  permanent  and 
reliable  means  to  prevent  possible  turning;  must  be  so  designed  and 
placed  that  terminals  will  be  at  least  1A  inch  from  other  terminals 
and  from  metal  of  the  sign,  except  that  where  open  work  is  per- 
mitted this  separation  must  be  1  inch.    Miniature  receptacles  will  not 
be  approved  for  use  in  outdoor  signs. 

e.  Wiring  must  be  approved  rubber  covered,  not  less  than  No.  14 
B.  &  S.  gage.    Wiring  must  be  neatly  run  and  so  disposed  and  fas- 
tened as  to  be  mechanically  secure.    Wires  must  be  soldered  to  ter- 
minals, and  exposed  parts  of  wires  and  terminals  must  be  treated  to 
prevent  corrosion.     Wires  must,  where  they  pass  through  walls  or 
partitions  of  the  sign  be  protected  by  approved  bushings.    On  out- 
side of  sign  structure,  except  where  open  work  is  permitted,  wires 
must  be  in  approved  metal  conduit  or  in  approved  lead  sheathed 
armored  cable. 

For  open  work  wires  must  be  rigidly  supported  on  non-combustible, 
non-absorptive  insulators  which  separate  the  wires  at  least  1  inch 
from  the  surface  wired  over.  Rigid  supporting  requires,  under 
ordinary  conditions,  where  wiring  over  flat  surfaces,  supports  at 
least  every  4^  feet.  If  the  wires  are  liable  to  be  disturbed  the  dis- 
tance between  supports  should  be  shortened.  In  those  parts  of  cir- 
cuits where  wires  are  connected  to  approved  receptables  which  hold 


258  CODE    OF   ORDINANCES   OF  THE   CITY   OF   NEW   YORK 

them  at  least  1  inch  from  surface  wired  over,  and  which  are  placed 
not  over  1  foot  apart,  such  receptacles  will  be  considered  to  afford 
the  necessary  support  and  spacing  of  the  wires.  Between  recep- 
tacles more  than  1  foot,  but  less  than  2  feet,  apart  an  additional  non- 
combustible,  non-absorptive  insulator  maintaining  separation  and 
spacing  equivalent  to  the  receptacles,  must  be  used.  Except  as 
above  specified  wires  must  be  kept  apart  at  least  2)^  inches  for 
voltages  up  to  300,  and  4  inches  for  higher  voltages. 

f .  Leads  from  signs  must  pass  through  the  walls  of  the  sign  either 
through  approved  metal  conduit  or  armored  cable,  or  must  be  neatly 
cabled  and  pass  through  one  or  more  bushings  of  approved  non- 
combustible,  non-absorptive  insulated  material. 

g.  Not  over  1,320  watts  shall  be  dependent  upon  final  cut-out. 


ARTICLE  6 

MISCELLANEOUS 

(As  amend,  by  ord.  effective  May  29, 1916) 

Sec.  685.  Signaling  systems. 

§  686.  Wireless  telegraph  apparatus. 
§  687.  Electric  gas  lighting. 
§  688.  Insulation  resistance. 

Sec.  685.  Signaling  systems.  1.  Exception. — All  wiring,  apparatus 
and  devices  of  signaling  systems  used  for  the  transmission  of  intel- 
ligence as  to  fire,  shall  conform  to  such  rules  and  regulations  as  the 
fire  commissioner  may  prescribe. 

2.  Outside  wires,  a.  Outside  wires  must  be  run  in  underground 
ducts  or  strung  on  poles,  and  kept  off  the  roofs  of  buildings,  except 
by  special  permission,  and  must  not  be  placed  on  the  same  cross- 
arm  with  electric  light  or  power  wires.  They  must  not  occupy  the 
same  duct,  manhole  or  handhole  of  conduit  systems  with  electric 
light  or  power  wires.  Single  manholes  or  handhples  separated  into 
sections  by  means  of  partitions  of  brick  or  tile  will  be  considered  as 
conforming  with  the  above  requirement.  When  the  entire  circuit 
from  central  station  to  building  is  run  in  underground  conduits, 
paragraphs  b  to  m,  inclusive,  of  this  section  do  not  apply. 

h.  When  outside  wires  are  run  on  same  pole  with  electric  light  or 
power  wires,  the  distance  between  the  two  inside  pins  of  each-cross 
arm  must  not  be  less  than  24  inches.  When  the  wires  are  carried 
in  approved  cables,  paragraphs  c,  d  and  e  of  this  section  do  not  apply. 

c.  Where  wires  are  attached  to  the  outside  walls  of  buildings  they 
must  have  an  approved  rubber  insulating  covering,  and  on  frame 
buildings  or  frame  portions  of  other  buildings  shall  be  supported 
on  glass  or  porcelain  insulators  or  knobs. 

d.  The  wires  from  last  outside  support  to  the  cut-outs  or  pro- 
tectors must  be  of  copper,  and  must  have  an  approved  rubber  in- 
sulation; must  be  provided  with  drip  loops  immediately  outside  the 
building  and  at  entrance. 

e.  Wires  must  enter  building  through  approved  non-combustible, 


ELECTRICAL   CONTROL  259 

non-absorptive  insulating  bushings  sloping  upward  from  the  outside, 
and  both  wires  may  enter  through  the  same  bushing,  if  desired. 

3.  Teii  ampere  installations,     f.  An  all-metallic  circuit  shall  be 
provided,  except  in  telegraph  systems. 

g.  At  the  entrance  of  wires  to  building,  approved  single  pole 
cut-outs,  designed  for  251-600  volts  potential  and  containing  fuses 
rated  at  not  over  10  amperes  capacity,  shall  be  provided  for  each 
wire.  These  cut-outs  must  not  be  placed  in  the  immediate  vicinity 
of  easily  ignitible  stuff,  or  where  exposed  to  inflammable  gases,  or 
dust  or  to  flyings  of  combustible  material. 

h.  The  wires  inside  building  shall  be  of  copper  not  less  than  No.  16 
B.  &  S.  gage,  and  must  have  insulation  and  be  supported,  the  same 
as  would  be  required  for  an  installation  of  electric  light  or  power 
wiring,  0-^600  volts  potential. 

i.  The  instruments  shall  be  mounted  on  bases  constructed  of  non- 
combustible,  non-absorptive  insulating  material.  Holes  for  the 
supporting  screws  must  be  so  located,  or  counter-sunk,  that  there 
will  be  at  least  1-2  inch  space,  measured  over  the  surface,  between 
the  head  of  the  screw  and  the  nearest  live  metal  part. 

4.  Less  than  10  ampere  installations,    j.  Wires  must  be  provided 
with  an  approved  protective  device  located  as  near  as  possible  to 
the  entrance  of  wires  to  building.    The  protector  must  not  be  placed 
in  the  immediate  vicinity  of  easily  ignitible  stuff,  or  where  exposed 
to  inflammable  gases  or  dust  or  flyings  of  combustible  materials. 

k.  Wires  from  entrance  to  building  to  protector  must  be  supported 
on  porcelain  insulators,  so  that  they  will  come  in  contact  with  noth- 
ing except  their  designed  supports. 

1.  The  ground  wire  of  the  protective  device  shall  be  run  in  ac- 
cordance with  the  following  requirements: 

1.  Shall  be  of  copper  and  not  smaller  than  No.  18  B.  &  S.  gage. 

2.  Must  have  an  insulating  covering  approved  for  voltages  from 
0  to  600,  except  that  the  preservative  compound  may  be  omitted. 

3.  Must  run  in  as  straight  a  line  as  possible  to  a  good  permanent 
ground.     This  may  be  obtained  by  connecting  to  a  water  or  gas 
pipe  connected  to  the  street  mains  or  to  a  ground  rod  or  pipe  driven 
in  permanently  damp  earth.    When  connections  are  made  to  pipes, 
preference  shall  be  given  to  water  pipes.    If  attachment  is  made  to 
gas  pipe,  the  connection  in  all  cases  must  be  made  between  the 
meter  and  the  street  mains.    In  every  case  the  connection  shall  be 
made  as  near  as  possible  to  the  earth.     When  the  ground  wire  is 
attached  to  a  water  pipe  or  gas  pipe,  it  may  be  connected  by  means 
of  an  approved  ground  clamp  fastened  to  a  thoroughly  clean  portion 
of  said  pipe,  or  the  pipe  shall  be  thoroughly  cleaned  and  tinned  with 
rosin  flux  solder,  and  the  ground  wire  shall  then  be  wrapped  tightly 
around  the  pipe  and  thoroughly  soldered  to  it.    When  the  ground 
wire  is  attached  to  a  ground  rod  driven  into  the  earth,  the  ground 
wire  shall  be  soldered  to  the  rod  in  a  similar  manner.     Steam  or 
hot-water  pipes  must  not  be  used  for  a  protector  ground. 

m.  The  protector  to  be  approved  must  comply  with  the  following 
requirements: 

1.  For  instrument  circuits  of  telegraph  systems,  an  approved 
single  pole  cut-out  in  each  wire,  designed  for  2,000  volts  potential, 
and  containing  fuses  rated  at  not  over  1  ampere  capacity.  When 


260  CODE   OF   ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

main  line  cut-outs  are  installed  as  called  for  in  paragraph  g  of  this 
section  the  instrument  cut-outs  may  be  placed  between  the  switch- 
board and  the  instrument  as  near  the  switchboard  as  possible; 

2.  In  all  other  systems  the  protector  must  be  mounted  on  non- 
combustible,  non-absorptive  insulating  bases,  so  designed  that  when 
the  protector  is  in  place,  all  parts  which  may  be  alive  will  be  thor- 
oughly insulated  from  the  wall  to  which  the  protector  is  attached. 
The  protector  must  have  the  following  parts: 

A  lightning  arrester  which  will  operate  with  a  difference  of  potential 
between  wires  of  not  over  500  volts,  and  so  arranged  that  the  chance 
of  accidental  grounding  is  reduced  to  a  minimum; 

A  fuse  designed  to  open  the  circuit  in  case  the  wires  become  crossed 
with  light  or  power  circuits.  The  fuse  must  be  able  to  open  the 
circuit  without  arcing  or  serious  flashing  when  crossed  with  any 
ordinary  commercial  light  or  power  circuit. 

A  heat  coil,  if  the  sensitiveness  of  the  instrument  demands  it, 
which  will  operate  before  a  sneak  current  can  damage  the  instru- 
ment the  protector  is  guarding; 

Heat  coils  are  necessary  in  all  circuits  normally  closed  through 
magnet  windings,  which  cannot  indefinitely  carry  a  current  of  at 
least  5  amperes; 

The  heat  coil  is  designed  to  warm  up  and  melt  out  with  a  current 
large  enough  to  endanger  the  instruments  if  continued  for  a  long  time, 
but  so  small  that  it  would  not  blow  the  fuses  ordinarily  found  nec- 
essary for  such  instruments. 

3.  The  fuses  must  be  so  placed  as  to  protect  the  arrester  and  heat 
coils,  and  the  protector  terminals  must  be  plainly  marked  "line," 
"instrument,"  "ground."    An  easily  read  abbreviation  of  the  above 
words  will  be  allowed. 

5.  Generally.  The  following  rules  apply  to  all  systems  whether 
the  wires  from  the  central  office  to  the  building  are  overhead  or 
underground: 

n.  Wires  beyond  the  protector,  or  wires  inside  buildings  where  no 
protector  is  used,  must  be  neatly  arranged  and  securely  fastened  in 
place  in  some  convenient,  workmanlike  manner.  They  must  not 
come  nearer  than  2  inches  to  any  electric  light  or  power  wire  in  the 
building,  unless  separated  therefrom  by  some  continuous  and  firmly 
fixed  non-conductor  creating  a  permanent  separation;  this  non- 
conductor to  be  in  addition  to  the  regular  insulation  on  the  wire. 

o.  Wires  where  bunched  together  in  a  vertical  run  within  any 
building  must  have  a  fire-resisting  covering  sufficient  to  prevent  the 
wires  from  carrying  fire  from  floor  to  floor  unless  they  are  run  either 
in  non-combustible  tubing  or  in  a  fireproof  shaft,  which  shaft  must 
be  provided  with  fire  stops  at  each  floor.  Signaling  wires  and  electric 
light  or  power  wires  may  be  run  in  the  same  shaft,  provided  that  one 
of  these  classes  of  wires  is  run  in  non-combustible  tubing,  or  provided 
that  when  run  otherwise  these  two  classes  of  wires  shall  be  separated 
from  each  other  by  at  least  2  inches.  In  no  case  shall  signaling  wires 
be  run  in  the  same  tube  with  electric  light  or  power  wires. 

p.  Transformers  or  other  devices  for  supplying  current  to  signaling 
systems  from  light,  heat  or  power  circuits  must  be  of  a  design  ex- 
pressly approved  for  this  purpose.  The  primary  wiring  must  be 
installed  in  accordance  with  the  requirements  of  article  4  of  this 


ELECTRICAL   CONTROL  261 

chapter,  and  the  secondary  wiring  in  accordance  with  this  article. 
§  686.  Wireless  telegraph  apparatus. — In  setting  up  wireless  tel- 
egraph apparatus,  all  wiring  within  the  building  must  conform  to  the 
requirements  of  this  chapter  for  the  class  of  work  installed  and  to 
the  following  additional  specifications: 

a.  Aerial  conductors  must  be  permanently  and  effectively  grounded 
at  all  times  when  station  is  not  in  operation  by  a  conductor  not 
smaller  than  No.  4  B.  &  S.  gage  copper  wire,  run  in  as  direct  line  as 
possible  to  water  pipe  at  a  point  on  the  street  side  of  all  connections 
to  said  water  pipe  within  the  premises,  or  to  some  other  equally 
satisfactory  earth  connection. 

b.  Aerial  conductors  when  grounded  as  above  specified  must  be 
effectually  cut  off  from  all  apparatus  within  the  building. 

c.  Or  the  aerial  must  be  permanently  connected  at  all  times  to 
earth  in  the  manner  specified  above,  through  a  short-gap  lightning 
arrester,  said  arrester  to  have  a  gap  of  not  over  .015  inch  between 
brass  or  copper  plate,  not  less  than  2^  inches  in  length  parallel  to 
the  gap,  and  \Y^  inches  the  other  way  with  a  thickness  of  not  less 
than  Vs  inch  mounted  upon  non-combustible,  non-absorptive  in- 
sulating material  of  such  dimensions  as  to  give  ample  strength. 
Other  approved  arresters  of  equally  low  resistance  and  equally  sub- 
stantial construction  may  be  used. 

d.  In  cases  where  the  aerial  is  grounded  as  specified  in  paragraph 
a  of  this  section,  the  switch  employed  to  join  the  aerial  to  the  ground 
connection  shall  not  be  smaller  than  a  standard  100  ampere  knife 
switch. 

e.  Where  supply  is  obtamed  direct  from  the  street  service  the  cir- 
cuit must  be  installed  in  approved  metal  conduits  or  armored  cable. 
In  order  to  protect  the  supply  system  from  high  potential  surges, 
there  must  be  inserted  in  circuit  either  a  transformer  having  a  ratio 
which  will  give  a  potential  on  the  secondary  leads  not  to  exceed 
550  volts,  or  two  condensers  in  series  across  the  line,  the  connection 
between  said  condensers  to  be  permanently  and  effectually  grounded. 
These  condensers  should  have  capacity  of  not  less  than  Va  micro- 
farad. 

§  687.  Electric  gas  lighting. — a.  Electrical  gas  lighting,  unless  it 
is  the  frictional  system,  must  not  be  used  on  the  same  fixture  with 
the  electric  light,  except  under  special  permission  in  writing. 

§  688.  Insulation  resistance. — The  wiring  in  any  building  must 
comply  with  the  following  requirements.  The  complete  installation 
must  have  a  resistance  between  conductors  and  between  all  con- 
ductors and  the  ground  (not  including  attachments,  sockets,  recep- 
tacles, etc.)  not  less  than  that  given  in  the  following  table: 

Up  to  5  amperes 4,000,000  ohms 

Up  to  10  amperes 2,000,000  ohms 

Up  to  25  amperes 800,000  ohms 

Up  to  50  amperes 400,000  ohms 

Up  to  100  amperes 200,000  ohms 

Up  to  200  amperes 100,000  ohms 

Up  to  400  amperes 50,000  ohms 

Up  to  800  amperes 25,000  ohms 

Up  to  1,600  amperes 12,500  ohms 


262  CODE    OF   ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

The  test  must  be  made  with  all  cut-outs  and  safety  devices  in  place. 
If  the  lamp  sockets,  receptacles,  electroliers,  etc.,  are  also  connected, 
only  Va  the  resistance  specified  in  the  table  will  be  required.  (Ord. 
effective  May  29,  1916.) 


Sec.  700.  Violations. 


ARTICLE  7 

VIOLATIONS 


Sec.  700.  Violations. — Any  person  who  shall  violate  any  provision 
of  this  chapter,  or  fail  to  comply  with  any  requirement  thereof,  or 
who  shall  violate  or  fail  to  comply  with  any  order  or  regulation  of 
the  commissioner  made  thereunder,  or  who,  being  the  holder  of  a 
special  permit,  as  defined  in  subdivision  7  of  §  1  of  this  chapter,  shall 
install,  alter  or  repair  any  electric  wiring  or  appliance  for  light,  heat 
or  power,  in  violation  of  the  terms  of  such  special  permit  or  any 
provision  of  this  chapter,  shall  for  each  and  every  such  violation  or 
non-compliance  forfeit  and  pay  a  penalty  in  the  sum  of  $50. 


EXPLOSIVES  AND  HAZARDOUS  TRADES  263 


CHAPTER  10 

Explosives  and  Hazardous  Trades 

REGULATIONS   OF  THE    MUNICIPAL   EXPLOSIVES    COMMISSION 

Article    1.  General  provisions. 

2.  Certificates  and  permits. 

3.  Bonds  and  fees. 

4.  Manufacture,  storage,  sale,  transportation  and  use  of 

explosives. 

5.  Ammunition. 

6.  Fireworks. 

7.  Matches. 

8.  Mineral  oils. 

9.  Inflammable  mixtures. 

10.  Combustible  mixtures. 

11.  Garages. 

12.  Motor  vehicle  repair  shops. 

13.  Dry  cleaning  and  dry  dyeing  establishments. 
14. 

15.  Paints,  varnishes  and  lacquers. 

16.  Calcium  carbide. 

17.  Gases  under  pressure. 

18.  Refrigerating  plants. 

19.  Nitro-cellulose. 

20.  Inflammable  motion-picture  films. 

21.  Distilled  liquors  and  alcohols. 

22.  Oils  and  fats. 

23.  Technical  establishments. 

24.  Wholesale  drug  stores  and  drug  and  chemical  supply- 

houses. 

25.  Retail  drug  stores. 

26.  Miscellaneous. 

Thin  chapter  consists  of  the  Regulations  of  the  Municipal  Explosive  Commission 
rearranged  and  classified.  These  regulations  were  originally  authorized  by  Ord.  of 
May  19,  1902,  pursuant  to  §  763  of  the  charter.  But  ch.  495,  L.  1914,  abolished 
the  Commission,  transferred  its  powers  to  the  Fire  Comr.,  made  the  existing  regula- 
tions a  chapter  of  the  Code  of  Ordinances,  and  gave  the  Board  of  Aldermen  power 
"to  amend  or  repeal." 

ARTICLE   1 

GENERAL   PROVISIONS 

Sec.  1.  Definitions. 

§  2.  Construction  of  chapter. 

§  3.  Federal  government. 

§  4.  City  officers. 

§  5.  Seizure  of  contraband  material. 

§  6.  Revenues,  disposition  of. 


264  CODE    OF    ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

I  7.  Electrical  perils,  protection  against. 

|  8.  Smoking  prohibited. 

|  9.  Fire  extinguishing  appliances. 

(  10.  Hazardous  industries. 

}  11.  Permits. 

Sec.  1.  Definitions. — Unless  otherwise  expressly  stated,  whenever 
used  in  this  chapter  the  following  terms  shall  respectively  be  deemed 
to  mean: 

1.  Ammunition,  a  metal  or  other  shell  containing  a  fulminate,  or 
containing  black  or  smokeless  powder  for  the  purpose  of  propelling 
projectiles  or  shot;  or  black  or  smokeless  powder  packed  for  use  as 
a  propelling  charge  or  for  saluting  purposes; 

2.  Black  powder  (gunpowder},  any  explosive^  substance  composed 
of  sulphur,  charcoal  and  either  sodium  or  potassium  nitrate: 

3.  Blasting  cap,  a  cap  or  detonator,  with  wires  attached  for  ex- 
ploding the  same  by  means  of  electricity; 

4.  Blasting  powder,  an  explosive  substance  composed  of  sulphur, 
charcoal  and  sodium  nitrate,  specially  prepared  for  the  purpose  of 
blasting; 

•  5.  Bond,  a  written  obligation  or  undertaking,  under  seal,  whereby 
an  applicant  for  or  holder  of  a  permit  engages  and  agrees  to  indem- 
nify the  city  for  any  loss,  damage  or  injury  resulting  from  his  acts 
under  such  permit; 

6.  Repealed  by  ord.  May  25, 1915. 

7.  Certificate  of  approval,  a  written  statement  issued  by  the  fire 
commissioner,  certifying  that  the  type,  class  or  kind  of  article  or 
thing  mentioned  therein  has  been  examined,  tested  and  approved 
in  conformity  with  this  chapter,  and  that  it  is  authorized  to  be 
manufactured,  stored,  transported,  sold  or  used; 

8.  Certificate  of  fitness,  a  written  statement  issued  by  the  fire 
commissioner,  certifying  that  the  person  to  whom  it  is  issued  has 
passed  an  examination  as  to  his  qualifications  to  perform  the  work 
mentioned  therein,  and  that  he  has  authority  to  perform  such  work 
during  the  term  specified; 

9.  Certificate  of  registration,  a  written  statement  issued  by  the  fire 
commissioner,  certifying  that  the  person,  association  or  corporation 
named  therein  has  registered  his  or  its  name  with  the  commissioner 
hi  conformity  with  the  provisions  of  this  chapter; 

10.  Repealed  by  ord.  May  25,  1915. 

11.  Combustible  mixture,  any  liquid  or  solid  mixture,  or  substance, 
or  compound,  which  does  not  emit  an  inflammable  vapor  at  a  tem- 
perature below  100°,  when  tested  in  a  Tagliabue  open  cup  tester, 
but  which  may  be  ignited  and  caused  to  burn; 

12.  Dry  cleaning  or  dry  dyeing,  the  act  or  process  of  washing  or 
immersing  in  volatile  inflammable  oil  or  liquid  a  garment,  fabric, 
fiber,  substance  or  article,  for  the  purpose  of  cleaning  or  dyeing  the 
same; 

12a.  Container  capacity,  the  cubic  measure  of  the  container. 
(Added  by  ord.  effective  May  25,  1915.) 

13.  Essential  oil,  an  oil  used  for  flavoring  or  perfuming  purposes; 

14.  Explosive,  explosive  compound  or  mixture,  or  explosive  article, 
any  substance  or  compound  or  mixture,  or  article  having  properties 


EXPLOSIVES   AND    HAZARDOUS  TRADES        •  265 

of  such  a  character  that  alone,  or  in  combination  or  contiguity  with 
other  substances  or  compounds,  may  decompose  suddenly  and  gen- 
erate sufficient  heat  or  gas  or  pressure,  or  any  or  all  of  them,  to 
produce  rapid  flaming  combustion,  or  administer  a  destructive 
blow  to  surrounding  objects; 

15.  F.,  Fahrenheit,  the  Fahrenheit  thermometer; 

16.  Fire  retarding  material,  asbestos  board  hi  two  layers,  each 
one-fourth  inch  in  thickness,  the  second  layer  breaking  joints  hi  all 
directions  with  the  first,  or  plaster  boards  cocoa  fiber  filled,  covered 
with  lap  jointed  metal,  not  less  than  26  B.  &  S.  gage  hi  thickness, 
and  any  other  material  that  has  successfully  passed  the  one  hour 
fire  test  prescribed  by  the  industrial  board  of  the  State  Labor  De- 
partment under  date  of  October  29,  1914.    (Amend.  May  25,  1915.) 

17.  Fireworks,  any  combustible  or  explosive  composition,  or  any 
substance  or  combination  of  substances,  or  article,  prepared  for 
the  purpose  of  producing  a  visible  or  an  audible  pyrotechnic  effect 
by  combustion,  explosion,  deflagration  or  detonation; 

18.  Fuel  oil,  any  liquid  mixture,  substance  or  compound,  derived 
from  petroleum,  which  does  not  emit  an  inflammable  vapor  below 
a  temperature  of  125°  F.,  when  tested  in  a  Tagliabue  open  cup 
tester; 

19.  Garage,  a  building,  shed  or  enclosure,  or  any  portion  thereof, 
in  which  a  motor  vehicle  other  than  one  the  fuel  storage  tank  of 
which  is  empty,  is  stored,  housed  or  kept; 

a.  Storage  garage,  a  garage  hi  which  volatile  inflammable  oil  other 
than  that  contained  in  the  fuel  storage  tanks  of  motor  vehicles 
is  handled,  stored  or  kept; 

b.  Non-storage  garage,  a  garage,  in  which  no  volatile  inflammable 
oil  other  than  that  contained  hi  the  fuel  storage  tanks  of  motor 
vehicles,  is  handled,  stored  or  kept. 

20.  Gas  under  pressure,  a  gas  or  compound  or  gases,  either  in  a 
gaseous  or  liquid  form,  compressed  to  a  pressure  greater  than  6 
pounds  to  the  square  inch; 

21.  Guncotton,   that  nitro-cellulose  chemically  known   as   hexa- 
nitro-cellulose,  and  generally  used  alone  or  in  combination  with 
other  substances  as  a  blasting  explosive  or  as  a  propelling  charge, 
and  includes  all  cellulose  nitrates  of  a  higher  degree  of  nitration: 

22.  Inflammable  mixture,  any  liquid,  or  any  mixture,  substance, 
or  compound,  that  contains  more  than  10  per  cent,  by  volume  of 
volatile  inflammable  oil,  or  which  will  emit  an  inflammable  vapor 
at  a  temperature  below  100°  F.,  when  tested  in  a  Tagliabue  open 
cup  tester; 

23.  Inflammable  motion-picture  film,  a  film  made  of  nitro-cellulose 
product  or  other  inflammable  substance,  used  for  the  purpose  of 
displaying  motion-pictures  for  exhibition.    (Amend.  May  25,  1915.) 

24.  Kerosene  or  Kerosene  oil,  any  liquid  product  of  petroleum, 
commonly  used  for  illuminating  purposes,  which  does  not  emit  an 
inflammable  vapor  below  a  temperature  of  100°  F.,  when  tested  in  a 
Tagliabue  open  cup  tester; 

25.  Lubricating  oil,  an  oil  used  to  reduce  friction,  whether  of 
animal,  vegetable  or  mineral  origin,  or  a  compound  thereof; 

20.  Match,  a  stick,  fibre  or  wick  of  wood,  paper  or  other  material, 
cut,  prepared,  manufactured  or  treated  so  that,  by  friction,  contact 


266  CODE    OF   ORDINANCES   OF  THE    CITY    OF   NEW   YORK 

or  otherwise,  with  or  upon  a  surface  or  substance,  it  will  ignite  and 
produce  a  flame  or  combustion; 

27.  Motor  vehicle,  a  vehicle  or  other  conveyance  having  more  than 
2  running  wheels,  and  using  a  volatile  inflammable  oil  as  fuel  for 
generating  motive  power,  excepting  such  vehicles  as  have  a  storage 
tank  of  a  capacity  of  less  than  2  gallons  of  a  volatile  inflammable 
oil; 

28.  Motor  vehicle  repair  shop,  a  building,  shed  or  enclosure,  or  any 
portion  thereof,  wherein  is  conducted  the  general  business  of  re- 
pairing motor  vehicles; 

29.  Nitro-cellulose  product,  any  substance,  material,  or  compound, 
having  soluble  cotton  as  a  base,  including  pyralin,  celluloid,  fibreoid, 
viscoloid,  and  similar  materials  and  compounds  by  whatever  name 
known,  when  in  the  form  of  blocks,  slabs,  sheets,  rods,  tubes  or  other 
shapes,  and  intended  to  be  used  for  further  manufacture; 

30  (a)  Oil  selling  station,  an  authorized  building,  shed  or  enclosure, 
or  any  portion  thereof,  in  which  the  business  of  storing  and  selling 
volatile  inflammable  oil  to  passing  motor  vehicles  is  conducted,  but 
where  motor  vehicles  are  not  stored.  (Amend.  May  25,  1915.) 

30  (b)  Oil  Storage  Plant,  a  building,  shed,  enclosure  or  premises, 
or  any  portion  thereof,  in  which  petroleum  or  shale  oil  or  the  liquid 
products  thereof,  or  of  coal  tar,  are  stored  or  kept  for  sale  in  large 
quantities,  in  tanks,  barrels  or  approved  floating  barges.  (Amend. 
May  25,  1915.) 

31.  Repealed  Aug.  8,  1916. 

32.  Repealed  Aug.  8,  1916. 

33.  Public  or  commercial  garage,  any  garage,  not  included  within 
the  definition  of  private  garage  in  this  section.    (Amend.  May  25, 
1915.) 

34.  Retail  drug  store,  a  store  or  building  used  for  the  compounding 
and  dispensing,  usually  in  the  form  of  physicians'  prescriptions,  or 
for  the  selling  of  small  quantities  of  medicinal  preparations,  pro- 
prietary articles,  drugs,  chemicals,  oils,  volatile  solvents  and  other 
substances  which,  alone  or  in  combination  with  any  other  article  or 
substance,  are  of  a  highly  combustible,  inflammable  or  explosive 
nature; 

35.  Safety  or  slow  burning  fuse,  a  train,  or  core,  of  black  powder 
surrounded  by  strands  of  jute,  hemp  or  other  fiber,  and  usually 
covered  with  a  waterproofing  material; 

36.  Smokeless  powder,  a  propellant  for  small  arms  or  cannon,  in 
the  combustion  of  which  smoke  is  largely  eliminated,  and  having 
for  its  explosive  base  nitro-cellulose  in  varying  proportions; 

37.  Soluble    cotton,    pyroxylin    or    nitro-cellulose,    including    all 
cellulose  nitrates  below  that  chemically  known  as  hexa-nitro-cellu- 
lose,  and  soluble  in  a  volatile  inflammable  liquid; 

38.  Repealed  May  25,  1915. 

39.  Repealed  May  25,  1915. 

40.  Technical  establishment,  a  building  or  place  where  explosives, 
inflammable  or  highly  combustible  substances  are  produced,  used 
or  stored  for  use,  or  where  chemicals  or  other  materials  entering  into 
the  production  of  such  substances  are  stored  or  used,  excepting 
those  establishments  which   are  specifically  treated  under  other 
classifications  in  this  chapter; 


EXPLOSIVES  AND  HAZARDOUS  TRADES  267 

41.  Tenement-house,  a  tenement  house  as  defined  in  the  Tenement 
House  Law,  L.  1909,  Ch.  99,  Sec.  2,  Subd.  1,  as  amended  by  Ch.  13, 
L.  1912; 

42.  Vault,  a  covered  excavation,  or  chamber,  below  the  street 
level,  with  masonry  walls  and  roof,  constructed  outside  the  founda- 
tion walls  of  a  building,  and  with  but  one  entrance,  fitted  with  a 
self-closing  fireproof  door; 

43.  Volatile  inflammable  oil,  any  oil  or  liquid  that  will  generate 
an  inflammable  vapor  at  a  temperature  below  100°  F.  when  tested 
in  a  Tagliabue  open  cup  tester; 

44.  Wholesale  drug  store  or  drug  and  chemical  supply  house,  a  build- 
ing or  place  used  for  receiving,  handling,  storing  or  keeping  for  sale, 
in    large  quantities,    medicinal   preparations,    proprietary   articles, 
drugs,  chemicals,  oils,  volatile  solvents,  and  other  sustances  which, 
alone  or  in  combination  with  other  substances  or  articles,  are  of  a 
highly  combustible,  inflammable  or  explosive  nature. 

45.  Working  or  filling  pressure,  the  pressure  at  70  degrees  Fahren- 
heit.   (Amend.  May  25,  1905.) 

§  2.  Construction  of  chapter. — Whenever  in  this  chapter  a  speci- 
fied article  treats  of  any  substance,  trade  or  industry,  such  regula- 
tions shall  control  and  have  precedence  over  any  conflicting  reference 
or  regulation  covering  the  same  substance,  business,  trade  or  indus- 
try made  in  any  other  portion  of  this  chapter.  (Amend.  May  25, 
1915.) 

§  3.  Federal  government. — Nothing  contained  in  this  chapter  shall 
be  construed  as  applying  to  the  transportation  of  any  article  or 
thing  shipped  in  conformity  with  the  regulations  prescribed  by  the 
interstate  commerce  commission;  nor  as  applying  to  the  military  or 
naval  forces  of  the  United  States,  nor  to  the  duly  authorized  militia 
of  any  state  or  territory  thereof. 

§  4.  City  officers. — The  heads  of  the  various  departments  of  the 
city  shall  be  subject  to  the  provisions  of  this  chapter  with  regard  to 
obtaining  permits  and  with  regard  to  the  requirements  for  certifi- 
cates of  fitness  for  their  employees;  but  they  shall  not  be  required  to 
furnish  a  bond  or  to  pay  a  fee  in  connection  therewith. 

§  5.  Seizure  of  contraband  material. — Any  article  or  thing  the 
manufacture,  transportation,  storage,  keeping,  sale  or  use  of  which  is 
prohibited  by  this  chapter,  or  which  is  manufactured,  transported, 
stored,  sold,  kept,  or  used  in  violation  thereof,  is  liable  to  seizure 
by  the  fire  commissioner,  and  may  be  disposed  of  at  his  discretion. 

§  6.  Revenues,  disposition  of. — All  fees,  fines  and  forfeitures,  and 
all  proceeds  of  suits  for  penalties,  which  may  be  paid  or  collected 
pursuant  to  this  chapter,  shall  be  paid  in  and  disbursed  pursuant  to 
chapter  xv,  title  5  of  the  charter. 

§  7.  Electrical  perils;  protection  against. — In  workshops,  factories, 
and  other  establishments,  where  volatile  inflammable  oils  or  liquids, 
or  inflammable  or  explosive  substances,  are  used  or  handled,  all 
fixtures,  machinery  and  apparatus  liable  to  generate  or  be  affected 
by  an  electric  spark,  or  which  are  in  any  way  exposed  to  the  influence 
of  an  electric  discharge  (such  as  lighting),  shall  be  "grounded"  in  a 
manner  satisfactory  to  the  fire  commissioner. 

§  8.  Smoking  prohibited. — No  person  shall  smoke  or  carry  a  lighted 
cigar,  cigarette,  pipe  or  match  within  any  room  or  enclosed  place,  or 


268  CODE   OF   ORDINANCES   OP  THE   CITY   OF  NEW   YORK 

in  any  cellar  or  basement,  or  in  any  part  of  any  premises  in  which 
an  explosive  or  highly  combustible  or  inflammable  material  is  manu- 
factured, stored  or  kept  for  use  or  sale.  Offices  not  containing  ex- 
plosive, highly  combustible  or  inflammable  material,  and  separated 
from  the  other  parts  of  said  places  or  premises  by  a  tight  partition  or 
a  self-closing  door,  shall  be  exempt  from  the  above  prohibition. 

§  9.  Fire-extinguishing  appliances, — The  fire  commissioner  may, 
before  granting  any  permit  hereinafter  prescribed,  require  the 
installation  of  water  buckets,  sand  buckets,  fire  extinguishers,  metal 
receptacles  for  rubbish  and  other  means  of  preventing  and  extin- 
guishing fire,  where  the  same  are  not  specifically  required  in  this 
chapter. 

§  10.  Hazardous  industries. — Except  as  otherwise  provided  in 
this  chapter,  no  person  shall  conduct  a  hazardous  or  dangerous 
industry,  trade,  occupation  or  business,  requiring  the  storage,  sale 
or  use  of  any  explosives,  inflammable,  combustible  or  other  danger- 
pus  substance,  article,  compound  or  mixture,  without  a  permit, 
issued  upon  such  conditions  as  are  deemed  by  the  fire  commissioner 
necessary  in  the  interest  of  public  safety.  (Amend.  May  25,  1915.) 

§  11.  Permits. — The  sale,  storage,  use,  manufacture  or  transporta- 
tion of  any  combustible,  inflammable  or  explosive  article,  thing,  sub- 
stance or  compound  to  which  this  chapter  applies,  without  a  permit 
in  writing  from  the  fire  commissioner,  except  where  none  is  provided 
for  in  this  chapter,  is  hereby  prohibited.  Where  separate  regulations 
require  permits  for  two  or  more  departments  or  branches  of  the  same 
business  conducted  in  the  same  establishment,  all  such  departments 
or  branches  may  be  included  in  a  single  permit,  the  fee  to  be  fixed 
by  the  fire  commissioner.  (New  Ord.  May  25,  1915.) 

Regulations  and  orders  issued  herein  come  within  the  police  power  and  will  be 
so  treated.  Foote  v.  Fire  Dept.,  5  Hill,  99;  Cathcart  v.  Fire  Dept.,  26  N.  Y.  529. 
An  inspector  may  be  required  to  act  without  waiting  for  order  from  Fire  Com- 
missioner. People  v.  Murray,  76  App.  Div.  118,  aff'd  175  N.  Y.  479. 


ARTICLE  2 

CERTIFICATES   AND   PERMITS 

Sec.' 20.  Applications. 

§  21.  Certificate  of  fitness. 
§  22.  Certificates  of  approval. 
"  23.  Certificates  of  registration. 

24.  Permits;  general  provisions. 

25.  Special  permits. 

26.  Renewals;   revocation. 

27.  Inspection. 

Sec.  20.  Applications.— -All  applications  for  certificates  or  permits 
required  by  the  provisions  of  this  chapter  shall  be  made  to  the  fire 
commissioner,  in  such  form  and  detail  as  he  shall  prescribe,  and  con- 
taining such  information  as  he  shall  require.  Except  applications  for 
certificates  of  fitness,  they  shall  be  accompanied  by  such  plans, 
drawings,  models  or  samples  as  the  commissioner  may  require. 


EXPLOSIVES    A\D    HAZARDOUS   TRADES  269 

§21.  Certificate  of  fitness.  1.  Qualifications. — An  applicant  for  a 
certificate  of  fitness  must — 

(a)  Be  at  least  21  years  of  age; 

(b)  Have  a  reasonable  understanding  of  the  English  language  and 
be  able  to  answer  satisfactorily  such  questions  as  may  be  asked  him 
upon  his  examination; 

(c)  Produce  such  evidence  of  his  character,  habits  and  past  em- 
ployment as  may  be  satisfactory  to  the  Commissioner; 

(d)  Pass  an  examination,  by  a  person  or  body  designated  by  the 
fire  commissioner,  upon  the  law  and  ordinance  regulations  governing 
the  transportation,  storage  and  use  of  the  substance,  compound  or 
article  relating  to  or  connected  with  the  service  to  be  performed  by 
him;  upon  the  risks  incident  to  his  employment,  and  upon  his  knowl- 
edge of  the  precautions  necessary  to  be  taken  in  connection  there- 
with; provided,  however,  that  such  examination  may  be  waived  at 
the  discretion  of  the  fire  commissioner  upon  application  for  renewals 
of  such  certificates.    Upon  the  approval  of  such  examiner  or  examin- 
ing body,  the  fire  commissioner  may  issue  to  him  a  certificate  of 
fitness.    An  applicant  for  such  certificate,  who  has  failed  to  pass  a 
satisfactory  examination  may  renew  his  application  after  the  ex- 
piration of  3  months  from  the  date  of  his  last  examination. 

(e)  In  addition  to  the  foregoing  requirements,  an  applicant  in 
order  to  obtain  an  original  certificate  of  fitness  as  a  blaster,  must 
present  satisfactory  evidence  of  experience  in  handling  high  explo- 
sives, either  as  a  blaster  or  a  blaster's  helper,  for  a  period  of  not  less 
than  two  years,  and  that  he  is  properly  qualified  to  perform  the 
duties  of  a  blaster.    (Amend.  May  25,  1915.) 

2.  Photographs.  Each  application  for  such  a  certificate  shall  be 
accompanied  with  2  unmounted  photographs  of  the  applicant,  taken 
in  ordinary  working  clothes,  not  less  than  2  by  3  inches;  one  of  which 
shall  be  attached  to  the  application,  the  other  to  the  certificate  of 
fitness  when  issued. 

§22.  Certificates  of  approval.— Each  application  for  a  certificate 
of  approval  shall  be  accompanied  with  the  article  or  thing  sought 
to  be  approved,  or  with  complete  working  drawings  thereof.  The 
applicant  for  the  certificate  shall,  at  his  own  cost  and  expense,  fur- 
nish to  the  fire  commissioner  any  required  opportunity  to  make 
an  analysis,  test  or  examination  of  the  article  or  thing  which  is  the 
subject  of  his  application,  under  such  conditions  as  may  be  pre- 
scribed by  the  commissioner;  or  shall,  if  directed,  have  such  analysis, 
test  or  examination  made  at  a  laboratory  or  testing  establishment  to 
be  designated  by  the  commissioner.  Each  article  or  thing  of  a  type 
for  which  a  certificate  of  approval  shall  have  been  issued  shall  have 
the  number  of  such  certificate  plainly  stamped  or  otherwise  fixed 
upon  it,  or  a  mark  of  identification  which  must  be  recorded  in  the 
certificate  of  approval.  (Amend.  May  25,  1915.) 

§  23.  Certificates  of  registration. — An  application  for  a  certificate  of 
registration  of  the  name  of  a  person,  association  or  corporation 
manufacturing,  outside  the  city,  any  article  or  thing  which  is  to  be 
stored,  sold  and  used  within  the  city,  shall  be  in  such  form  and  detail 
as  the  fire  commissioner  may  prescribe,  and  shall  contain  a  general 
description  of  the  article  or  thing  sought  to  be  registered. 

§  24.  Permits;  general  provisions. — 1.  Repealed  May  25,  1915. 


270  CODE   OF   ORDINANCES   OF  THE   CITY    OF  NEW   YORK 

2.  Not  transferable.  A  permit  is  not  transferable,  but  the  business 
may  be  transferred  to  a  new  location  under  the  same  ownership,  and 
in  case  a  business  conducted  under  a  permit  changes  ownership,  the 
new  owner,  before  assuming  control  of  such  business,  shall  obtain  a 
new  permit. 

§  25.  Special  permits.  1.  Continuing  old  business. — The  fire  com- 
missioner may,  by  special  permit,  authorize  the  continuance  of  any 
business,  or  the  storage,  sale  or  use  of  any  article,  apparatus  or  thing 
which  was  originally  authorized  by  a  permit  issued  under  the  regula- 
tions of  the  municipal  explosives  commission,  in  force  on  January  1, 
1912,  or  he  may  waive  the  operation  of  this  chapter,  or  any  portion 
thereof,  in  sparsely  populated  districts. 

2.  Modifications. — When  the  circumstances,  conditions,  limita- 
tions or  surroundings  of  any  business,  occupation,  trade,  industry  or 
premises,  to  which  this  chapter  applies  are  unusual,  or  such  as  render 
it  impracticable  to  enforce  all  the  provisions  applicable  thereto,  the 
fire  commissioner  may  waive,  or  modify  such  provisions  to  such 
extent  as  he  may  deem  necessary  in  the  premises  consistent  with 
public  safety.  (Amend.  May  25,  1915.) 

§  26.  Renewals;  revocation. — Unless  otherwise  specifically  pro- 
vided, every  permit,  certificate  of  fitness  or  certificate  of  registration 
or  renewal  thereof,  granted  by  the  fire  commissioner,  shall  be  for 
such  period  as  he  may  determine,  not  to  exceed  one  year,  and  shall 
be  a  mere  revocable  license.  Certificates  of  approval  need  not  be 
granted  for  a  fixed  period,  and  may  be  revoked  at  any  time.  (Amend. 
May  25,  1915.) 

§  27.  Inspection. — Every  permit  must  at  all  times  be  kept  on  the 
premises  designated  therein,  and  every  certificate  of  fitness  shall 
at  all  times  be  kept  in  the  possession  of  the  person  to  whom  it  shall 
have  been  issued  upon  pain  of  forfeiture  thereof,  and  shall  at  all 
times  be  subject  to  inspection  by  any  officer  of  the  fire  or  police  de- 
partments. (Amend.  May  25,  1915.) 

ARTICLE  3 

BONDS  AND   FEES 

Sec.  40.  Bonds,  general  provisions. 

§  41.  Schedule  of  bonds  required. 

§  42.  Fees  for  certificates. 

§  43.  Fees  for  permits. 

§  44.  Fees  for  special  permits. 

Sec.  40.  Bonds;  general  provisions. — All  bonds  required  to  be 
given  under  the  provisions  of  this  chapter  shall  be  approved  by 
the  comptroller,  as  to  the  sufficiency  of  the  sureties,  and  conditioned 
for  the  payment  of  any  loss,  damage  or  hi  jury  resulting  to  persons 
or  property  by  reason  of  carelessness,  negligence  or  failure  to  comply 
with  the  requirements  of  this  chapter,  respecting  the  manufacture, 
transportation,  storage,  sale,  handling  or  use,  within  the  city,  of 
any  article  or  thing  covered  by  this  chapter;  except  that  no  bond 
shall  be  required  of  a  contractor  in  connection  with  work  to  be  per- 
formed by  him  under  a  contract  with  the  city,  provided  he  has  tiled 
a  general  indemnity  bond  covering  such  contract. 


EXPLOSIVES  AND  HAZARDOUS  TRADES  271 

§  41.  Schedule  of  bonds  required. — Except  as  provided  in  §  40  of  this 
chapter,  applicants  for  permits  of  the  following  classes  shall  give  bonds  in 
the  penal  sums  hereinafter  specified,  namely: 


Class  of  Permit  Bond 


1.  Explosives: 

to  bring  into  the  city,  and  sell,  transport  and  de- 
liver    $  5,000  00 

for  each  vessel  in  the  local  trade 5,000  00 

for  each  vehicle  engaged  in  local  delivery 5,000  00 

for  magazine,  first  class 25,000  00 

second  class 20,000  00 

third  class 15,000  00 

fourth  class 10,000  00 

fifth  class 5,000  00 

to  use 5,000  00 

2.  Fireworks: 

to  manufacture,  bond  of  not  less  than 5,000  00 

to  store  and  sell: 

wholesale  value  of  $500 2,000  00 

wholesale  value  of  $1,500 5,000  00 

to    use    and    discharge,    wholesale    value    over    $10, 

single  occasion 1,000  00 

at  various  times  within  the  same  enclosure 2,000  00 

§  42.  Fees  for   certificates. — Applicants   for   certificates   issued    under 
the  provisions  of  this  chapter  shall  pay  annual  fees  as  follows: 


Class  of  Certificate  Fee 

1.  Certificate  of  fitness  as  magazine  keeper $2  00 

other  certificates  of  fitness 5  00 

renewals 2  00 

2.  Certificate  of  approval 25  00 

3.  Certificate  of  registration,  the  fee  required  for  a  permit  to 

manufacture  a  similar  article  or  thing  within  the  city. 

4.  Certificates  of  fitness   for   transferring   carbonic   acid,   both 

originals  and  renewals,  50  cents. 

§  43.  Fees   for    permits. — Applicants    for    permits    under    the    provi- 
sions of  this  chapter  shall  pay  annual  fees  as  follows: 

Class  of  Permits  Annual  Fee 


1.  Acids,  to  store: 

more  than  1  and  not  exceeding  15  carboys  of  any  acid 

or  acids,  except  picric  acid $2  00 

more  than  15  carboys  of  any  acid  or  acids,  except  picric 

acid 5  00 


272  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

1-A — Acids,  Carbonic. 

Fee  for  a  permit  to  transfer  Carbonic  Acid  to  a  container  of 

lower  pressure,  for  distribution  to  the  trade $5  00 

1-B — Acids,  Carbonic. 

Fee  for  a  permit  to  transfer  Carbonic  Acid  to  a  container  of 
lower  pressure,  for  use  only  by  the  operator  at  his  own  retail 
soda  water  stand 1  00 

2.  Ammunition  for  small-arms : 

to  load  by  hand 5  00 

to  store  and  sell: 

in  quantities  specified  in  §  81 50  00 

in  quantities  not  exceeding  25  per  cent,  of  quantities 

specified  in  §  81 10  00 

to  use  blank  cartridge  on  the  stage 2  00 

3.  Barbers'   supplies,   manufacturers  of,   when  applications  do 

not  exceed  2  bbls.  Columbian  spirits,  100  Ibs.  essential 

oils,  1  bbl.  grain  alcohol 2  00 

4.  Black  powder,  blasting  powder  or  smokeless  powder: 

to  store  14  to  250  pounds 10  00 

under  14  pounds 5  00 

5.  Calcium  carbide: 

to  store,  less  than  600  pounds 10  00 

more  than  600  pounds 25  00 

6.  Collodion,  in  factories  where  used  as  an  ingredient  of  a  manu- 

factured product .  .  .  . 10  00 

7.  Combustible  mixtures: 

to  manufacture 25  00 

to  store  and  sell .' 2  00 

8.  Confectionery    supplies,    manufacturers    of,    when    applica- 

tions do  not  exceed  7  bbls.  alcohol,  1,500  Ibs.  glycerine, 
750  Ibs.  essential  oils,  500  Ibs.  flavoring,  250  Ibs.  shellac, 
3  tons  cotton  seed  oil,  5  bales  excelsior,  2  gals,  benzine, 
10  Ibs.  amyl  acetate,  50  gals,  cologne  spirits,  25  Ibs.  sul- 
phuric acid,  7  Ibs.  ether 10  00 

9.  Drug  store,  or  drug  or  chemical  supply-house: 

to  maintain  and  operate,  wholesale 10  00 

to  maintain  and  operate,  retail 2  00 

10.  Electric    light    and    power    station,    when    applications    do 

not  exceed  20  gals,  gasoline,  5  gals,  benzine,  5  gals, 
muriatic  acid,  5  gals,  nitric  acid,  1  gal.  ether,  100  gals, 
paints,  5  gals,  alcohol,  2  bbls.  varnish 5  00 

11.  Electric  and  other  blasting  caps,  to  store  and  sell 25  00 

12.  Explosives: 

to  bring  into  the  city  and  sell: 

to  transport  and  deliver 250  00 

for  each  vessel  carrying  locally 50  00 

for  each  vehicle  delivering  locally 50  00 

to  use 25  00 

each  magazine,  first  class 25  00 

second  class 20  00 

third  class 15  00 

fourth  class 10  00 

fifth  class 5  00 

13.  Essential  oils,  storage  and  sale: 

500  pounds  and  over 10  00 

100-500  Ibs .". 5  00 

not  exceeding  100  Ibs 2  00 


EXPLOSIVES  AND  HAZARDOUS  TRADES  273 

14.  Firecrackers,  to  store  in  warehouse $25  00 

15.  Fireworks: 

to  manufacture  and  store 100  00 

to  store  and  sell,  at  any  one  time: 

wholesale  market  value  of  $1,500 25  00 

of  wholesale  market  value  of  $500 10  00 

16.  Fuel  oil,  storage  and  use  of       5  bbls.  to  50  bbls 5  00 

over  50  bbls.  to  100  bbls 10  00 

over  100  bbls 25  00 

17.  Garage,  to  maintain  and  operate: 

storage — one  gasoline  storage  tank,  where  the  garage  con- 
tains not  more  than  two  motor  vehicles .  5  00 

one   gasoline   storage   tank,    where   the   garage   contains 

more  than  two  but  not  more  than  four  motor  vehicles. .  .      10  00 
one   gasoline   storage   tank,    where   the   garage   contains 

more  than  four  but  not  more  than  six  motor  vehicles. ...      15  00 
one   gasoline   storage   tank,    where   the   garage   contains 

more  than  six  motor  vehicles 25  00 

each  additional  gasoline  storage  tank 10  00 

non-storage — where  the  garage  contains  not  more  than 

four  motor  vehicles 5  00 

each  additional  motor  vehicle 2  00 

But  in  no  case  shall  the  maximum  fee  for  a  permit  to  maintain 
and  operate  a  non-storage  garage  exceed  $25. 

Subject,  however,  to  the  provisions  of  subdivision  2,  of  sec- 
tion 150  of  this  chapter. 

The  unit  capacity  of  storage  tanks  for  purposes  of  fee  shall  be 
275  gallons,  or  major  portion  thereof.  (Amend.  Aug.  8,  1916.) 
The  fee  for  a  permit  for  a  one-story  garage,  divided  into  individ- 
ual stalls  or  compartments,  storing  one  or  more  motor  vehicles, 
or  for  a  number  of  individual  garages  erected  on  the  same  plot  of 
ground,  "in  cases  where  a  person  continuously  in  charge  of  the 
premises  has  and  can  give  access  to  all  compartments,  shall  be 
based  on  the  total  number  of  motor  vehicles,  or  buried  tanks,  as 
provided  for  in  non-storage  or  storage  garages  in  this  section. 

Adopted  May  8,  1917.    Became  effective  May  22,  1917. 

18.  Gas  fixtures,  manufacturers  of,  when  applications  do  not 

exceed  3  carboys  nitric  acid,  3  carboys  muriatic  acid, 
3  carboys  oil  of  vitriol,  6  bags  of  sawdust,  6  bales  excelsior, 
5  gals,  alcohol,  5  gals,  benzine,  10  gals,  lacquer,  10  gals, 
turpentine 2  00 

19.  Gases: 

to  generate  and  compress  acetylene  and  other  combus- 
tible gases,  including  storage  of  necessary  carbide ....     50  00 
same,  pressure  not  to  exceed  15  Ibs.  to  sq.  in 5  00 

to  generate  and  compress  non-combustible 25  00 

to  store,  and  sell  gases  compressed  to  a  pressure  ex- 
ceeding 15  Ibs.  to  the  square  inch  in  quantities  greater 
than  those  specified  in  §  211,  subdivision  1 10  00 

to  store  and  use  in  quantities  greater  than  those  specified 

in  §  211,  subdivision  1 500 

to  store  tanks  or  cylinders  of  acetylene,    not   exceeding 

2,500  cu.  ft 5  00 

to  use  oxygen  in  blow-pipe  with  combustible  gas 5  00 


274  CODE  OP  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 


20.  Hydro-carbon  and  other  coal-tar  products: 

to  distill,  handle  and  transport $100  00 

21.  Inflammable  mixtures: 

to  manufacture 50  00 

except  where  no  volatile  inflammable  oil  or  inflammable 

coal-tar  product  is  stored  on  the  premises 10  00 

to  store,  sell  or  use  in  excess  of  250  gals 10  00 

from  50  to  250  gals 5  00 

for  quantities  not  exceeding  50  gals 2  00 

22.  Inflammable  motion-picture  films,  to  store: 

5  reels,  5,000  feet,  to  10  reels,  10,000  feet 10  00 

10  reels,  10,000  feet,  to  30  reels,  30,000  feet 25  00 

30  reels,  30,000  feet  to  100  reels,  100,000  feet 50  00 

100  reels,  100,000  feet,  to  150  reels,  150,000  feet 75  00 

150  reels,  150,000  feet,  and  over. 100  00 

to  conduct  motion-picture  studio  separate  from  a  manu- 
facturing and  developing  plant 25  00 

to  print  and  develop 100  00 

23.  Kerosene  and  other  illuminating  oils,  to  store  and  sell  in 

quantities  not  exceeding  275  gals 10  00 

24.  Liquors,  spirits  or  alcohols,  to  manufacture,  distill,  rectify 

or  store 10  00 

25.  Machine  oils,   lubricating  and  other  heavy  oils,   to  store 

and  sell,  over  5  bbls 10  00 

26.  Matches: 

to  manufacture. 25  00 

to  store  and  sell,  less  than  500  matchman's  gross 5  00 

less  than  5,000  matchman's  gross 10  00 

more  than  5,000  matchman's  gross 50  00 

27.  Motor-vehicle  repair-shop,  to  maintain  and  operate 10  00 

for  storing  volatile  inflammable   oils  for   each   tank  of 

275  gals,  or  less  an  additional  fee  of 15  00 

28.  Nickel    plating   establishment,    when    applications    do    not. 

exceed  5  carboys  of  nitric  acid,  5  carboys  of  oil  of  vitriol, 

5  carboys  of  ammonia,  5  carboys  of  muriatic  acid ......       2  00 

29.  Nitro-cellulose  products: 

to  store  and  use  in  manufacture,  100  Ibs.  or  more 50  00 

less  than  100  Ibs 10  00 

to  collect,  transport  or  store  scraps  of 5  00 

30.  Oils  and  fats,  to  store 10  00 

31.  Paints,  varnishes  or  lacquers: 

to  manufacture,  mix  or  compound,  generally 50  00 

paints  only 25  00 

to  store  and  sell,  500  gals,  or  more 25  00 

100  to  500  gals 10  00 

less  than  100  gals 2  00 

to  store  and  use,  500  gals,  or  more 10  00 

100  to  500  gals 5  00 

20  to  100  gals 2  00 

32.  Petroleum,  to  refine  and  distill 300  00 

33.  Petroleum,  shale  oil  and  the  liquid   products   thereof   and 

of  coal  tar: 
to  storage  in  a  storage  plant: 

volatile  inflammable  oils  in  quantities  not  exceeding 
1,650  gallons,  or  other  oils  not  exceeding  3,300 
gallons 25  00 

other  oils,  3,300  gallons  to  10,000  gallons,  an  additional 

fee  of..  1000 


EXPLOSIVES  AND  HAZARDOUS  TRADES  275 

volatile   inflammable   oils  or  other  oils  in   excess  of 

above  amounts $100  00 

to  store  and  sell: 

not  over  550  gallons 20  00 

at  retail,  not  over  100  gals 10  00 

to   use   for   construction   work   on   streets   or    buildings 

under  construction 2  00 

34.  Photo-engravers,    when    applications    do    not    exceed    15 

carboys  of  nitric  acid,  5  carboys  acetic  acid,  2  bbls. 
wood  alcohol,  10  gals,  of  turpentine,  15  gals,  ether, 
5  gals,  benzole,  5  gals,  benzine,  15  gals,  collodion,  15 
carboys  muriatic  acid,  10  gals,  high  proof  spirits,  2  gals, 
rubber  cement,  2  pounds  soluble  cotton 5  00 

35.  Refrigerating  plants: 

capacity  of  10  tons  or  less 5  00 

capacity  of  10  tons  to  50  tons 10  00 

capacity  of  over  50  tons 20  00 

Except   as   above   provided,    fees   for   permits   shall    be 
fixed  by  the  fire  commissioner. 

36.  Rubber   cement    (%    gal.    benzine  to   be   permitted   to   be 

stored  as  a  solvent)  not  to  exceed  5  gals 1  00 

37.  Technical  establishment,  to  operate  and  maintain 25  00 

38.  Volatile  inflammable  oils: 

to  store  and  sell  to  motor  boats,  not  over  10,000  gals 25  00 

in   approved   buried  system,   used   to  fill  fuel  tanks  of 
motor  vehicles  owned  by  the  owner  of  such  system 

which  are  stored  on  other  premises 10  00 

to  store  and  use,  not  more  than  10  gals 2  00 

more  than  10  gals,  and  less  than 

55  gals 5  00 

to  store  and  use  in  dry-cleaning  or  dry-dyeing  plant : 

275  gals,  or  over 50  00 

70  to  275  gals 20  00 

not  exceeding  70  gals 10  00 

to  store  and  sell  at  an  oil  selling  station  up  to  550  gals 20  00 

each  additional  unit  of  275  gals,  or  portion  thereof 10  00 

(As  amend.  May  25,  1915  and  Aug.  8,  1916.) 

Board  has  power  to  require  as  a  license  fee  a  sum  reasonable  in  amount  to  de- 
fray expense  of  issuing  and  recording  license.  Mayor  v.  Miller,  12  Daly,  496. 

§  44.  Fees  for  special  permits. — For  a  special  permit  the  applicant 
shall  pay  the  fee  fixed  by  the  fire  commissioner  at  the  time  of  author- 
izing the  permit. 

§45.  1.  No  charitable  institution  in  the  City  of  New  York  which 
serves  the  public  free  of  charge  shall  be  required  to  pay  any  fees  for 
the  maintenance  and  operation  of  a  storage  or  non-storage  garage 
which  is  exclusively  used  for  the  housing  of  a  motor  vehicle,  or  motor 
vehicles,  owned  by  and  employed  in  connection  with  such  institutions. 

Adopted  December  12,  1916.    Became  effective  December  26,  1916. 

2.  No  charitable  institution  in  the  City  of  New  York  which  serves  the 
public  free  of  charge  shall  be  required  to  pay  any  fees  for  any  permit 
required  under  the  provisions  of  this  chapter  of  the  Code  of  Ordinance's, 
provided  the  article,  thing,  substance  or  compound  for  which  the  permit 
is  issued  is  owned  and  used  by  such  institution  for  charitable  purposes. 

Adopt, •«!  May  8,  1917.     Became  effective  May  22,  1917. 


276  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

ARTICLE  4 

MANUFACTURE,  STORAGE,  SALE,  TRANSPORTATION    AND  USE  OF  EXPLOSIVES 

Sec.  60.  Manufacture  prohibited. 

§  61.  Storage,  sale,  transportation,  use  or  possession  of  explosives, 
generally. 

§  62.  Packing  and  marking. 

§  63.  Magazines. 

§  64.  Delivery  by  vehicle. 

§  65.  Vessels  carrying  explosives. 

§  66.  Report  of  deliveries. 

§  67.  Blasting  caps. 

§  68.  Black  powder,  blasting  powder,  or  smokeless  powder. 

§  69.  Use;  blasting. 

Storage  of  large  quantities  of  explosives  is  a  nuisance.  Ricker  v.  McDonald,  89 
App.  Div.  300. 

Sec.  60.  Manufacture  prohibited. — No  person  shall  manufacture  electric 
fuses,  safety  fuses,  blasting  caps,  or  explosives  in  the  city. 

§  61.  Storage,  sale,  transportation,  use  or  possession  of  explosives, 
generally.  1.  Permit. — No  person  shall  transport,  store,  sell,  deliver,  use 
or  have  in  his  posession  any  explosive  without  a  permit.  But  no  permit 
shall  be  granted  to  any  person  other  than  a  citizen  of  the  United  States. 

2.  Gun-cotton  and  soluble  cotton.     No  person  shall  transport,  store  or 
sell  any   gun-cotton   or  soluble    cotton,    except  in  water-tight    metal 
vessels  containing  no  more  than  10  pounds  dry  weight,  and  at  least 
20  per  cent,  of  water.     (Amend.  May  25,  1915.) 

3.  Nitro-glycerine.     1.     No  person  shall  transport,  store,  keep,  sell, 
deliver,  use  or  have  in  his  possession  any  liquid  nitro-glycerine,  nor  shall 
any  person  store,  transport  or  use  between  November  1st  and  March  15th 
any  explosive  which  will  freeze  or  deteriorate  at  a  temperature  higher 
than  10  degrees  above  zero  F.;  provided,  that  permits  may  be  issued  for 
the  transportation  and  sale  of  nitro-glycerine  in  the  form  of  tablets,  pills 
or  granules,  in  quantities  not  exceeding  10,000  pieces,  containing  no  more 
than  one-fiftieth  of  a  grain  each.    No  explosives  containing  nitro-glycer- 
ine, and  not  intended  for  use  within  the  city,  shall  be  stored  or  kept 
therein  or  landed  at  or  upon  any  dock,  pier  or  bulkhead  thereof,  except  as 
prescribed  by  the  fire  commissioner.    (Amend.  May  25,  1915.) 

4.  Transportation  or  delivery.     No  person  shall  transport  or  deliver 
any  explosive  between  sunset  and  sunrise,  nor  in  a  completed  tunnel  or 
subway  under  land  or  waters,  or  in  or  upon  any  public  conveyance,  nor 
shall  any  explosive  be  transported  through,  in  or  upon  any  street,  except 
in  the  manner  provided  in  §  64  of  this  chapter. 

5.  Supervision.     No  person  shall  bring  into  the  city,  nor  transport, 
store,  deliver  or  use  any  explosive  therein  unless  same  shall  be  contin- 
ually under  the  care  and  supervision  of  one  or  more  persons,  each  holding 
a  certificate  of  fitness. 

6.  Unapproved  kinds,   types  or  brands.     No   permit  shall   be  issued 
for  the  bringing  into  the  city  or  for  the  transportation,  storage,  sale 
or  use  therein,  of  any  explosive  which  is  not  of  a  type,  kind  or  brand 
that  has  been  examined,  tested  and  approved  by  the  fire  commissioner. 

§  62.  Packing  and  marking.  No  person  shall  sell  or  deliver  for  use  any 
explosive  except  in  original  and  unbroken  packages,  and  when  packed 
as  follows: 

1.  Dynamite  and  other  blasting  compounds  containing  a  liquid  which 
may  exude — in  strong  wooden  cases,  lined  with  a  liquid-proof  paper 
lining  sufficient  to  prevent  the  exudation  of  the  liquid.    Such  cases  shall 
be  of  two  sizes  only — to  contain  50  pounds  and  25  pounds  of  explosives, 
respectively. 

2.  Other    blasting    compounds    (except    black    and    smokeless    powder) 


EXPLOSIVES   AND   HAZARDOUS  TRADES  277 

which  do  not  contain  a  substance  subject  to  deleterious  influences 
by  exposure  to  moisture — in  strong  wooden  cases,  of  two  sizes  only — 
to  contain  50  pounds  and  25  pounds  of  explosives,  respectively. 

3.  Sticks  or  cartridges.    All  explosives  put  up  in  the  form  of  sticks 
or  cartridges  shall  be  packed  so  as  to  lie  on  their  sides;  and  when  the 
boxes  are  loaded  in  or  upon  a  wagon,  tender,  lighter  or  vessel,  they 
shall  be  so  arranged  that  the  sticks  or  cartridges  rest  on  their  sides. 

4.  Marking.     All  packages  containing  explosives  for  transporta- 
tion, storage,  sale  or  use  shall  bear  the  name  and  brand  of  the  ex- 
plosive and  the  name  of  the  manufacturer,  and  shall  have  plainly 
marked  on  the  top  and  on  one  end  or  side  thereof  the  words,  "  HIGH 
EXPLOSIVES— DANGEROUS;"    and    shall    also    have    plainly 
marked  on  the  top  thereof  the  words,  "THIS  SIDE  UP." 

§  63.  Magazines.  1  Permit. — No  person  shall  store  or  keep  ex- 
plosives, except  in  a  magazine  for  which  a  permit  shall  have  been 
issued. 

2.  Special  permit.    A  special  permit  shall  be  required  for  the  stor- 
age of  explosives  in  a  magazine  of  either  the  first  or  second  class, 
as  classified  in  subdivision  4  of  this  section,  and  the  fire  commissioner 
may  at  any  time  require  the  holder  of  such  special  permit  to  change 
the  location  of  such  magazine,  or  establish  a  new  one  in  another 
location. 

3.  Posting  permit.    The  permit  issued  for  any  magazine  shall  at 
all  times  be  kept  in  the  magazine  and  readily  accessible  for  inspection. 

4.  Classification.    There  shall  be  five  classes  of  magazines,  namely: 

(a)  1st  class,  to  contain  not  more  than  1,000  pounds  of  explosives 

each  ; 

(b)  2d  class,  to  contain  not  more  than  500  pounds  of  explosives 

each; 

(c)  3d  class,  to  contain  not  more  than  250  pounds  of  explosives 

each; 

(d)  4th  class,  to  contain  not  more  than  100  pounds  of  explosives 

each; 

(e)  5th  class,  to  contain  not  more  than  25  pounds  of  explosives 

each. 

5.  Construction.     All  magazines,  and  the  barricades  surrounding 
them  when  required  shall  be  constructed  in  accordance  with  plans 
and  specifications  prescribed   therefor  by  the  fire  commissioner. 
(Amend.  May  25,  1915.) 

6.  Danger  area.    A  danger  area  shall  be  maintained  around  each 
magazine  in  proportion  to  the  quantity  of  explosives  contained 
therein.    The  magazine  keeper  shall  maintain  such  area  clean  and 
free  from  rubbish,  dead  grass,  shrubbery  and  other  obstructions,  and 
prevent  persons  from  loitering  therein.    (Amend.  May  25,  1915.) 

7.  Healing.    Repealed,  May  25,  1915. 

8.  Magazine-keepers.    No  person  holding  a  magazine  permit  shall 
store  or  keep  explosives  therein  unless  a  person  holding  a  certificate 
of  fitness  as  a  magazine  keeper  be  continuously  in  charge  thereof; 
provide!,  that  a  person  holding  a  certificate  of  fitness  as  a  blaster 
may  also  act  as  a  magazine  keeper  for  a  magazine  of  the  5th  class 
under  a  special   permit   of  the  fire  commissioner.     He  shall  keep 
an  accurate  daily  record  of  all  explosives  received  at  or  delivered 
from  the  magazine  under  his  charge,  which  shall  show  in  detail  how 


278  CODE   OF   ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

the  explosives  have  been  used  or  otherwise  disposed  of,  and  shall  at 
all  times  be  open  to  inspection  by  any  inspector  or  member  of  the 
fire  department.  He  shall  first  deliver  from  the  magazine  such  ex- 
plosives as  have  been  longest  therein.  All  magazines  shall  be  kept 
locl*ed,  except  when  being  inspected  or  when  explosives  are  being 
placed  therein  or  removed  therefrom;  and  the  magazine  keeper 
shall  at  all  times  have  the  key  thereof  in  his  possession.  He  must 
care  for  and  protect  the  magazine  and  its  contents  from  interference 
by  unauthorized  persons,  and  he  must  be  constantly  on  the  lookout 
for  signs  which  would  indicate  leakage  of  nitro-glycerine  from  ex- 
plosives under  his  charge,  and  all  explosives  in  such  condition  must 
be  the  next  used.  A  magazine  keeper  shall  not  be  required  to  per- 
form any  duty  that  will  in  any  way  interfere  with  his  duties  as  set 
forth  in  this  article.  (Amend.  May  25,  1915.) 

9.  Management.    A  magazine  shall  at  all  times  be  kept  clean  and 
dry  and  free  from  grit;  and  before  any  repairs  or  alterations  are  made 
to  any  part  thereof  all  explosives  shall  be  carefully  removed  to  a 
place  of  safety  and  the  magazine  thoroughly  washed  out.    In  case 
a  magazine  floor  becomes  stained  with  nitro-glycerine  it  shall  be  well 
scrubbed  with  a  stiff  broom,  hard  brush  or  mop,  using  a  solution 
of  one-half  gallon  of  wood  alcohol  and  two  pounds  of  sulphide  of 
sodium  so  as  to  thoroughly  decompose  the  nitro-glycerine.     All 
tools  used  in  making  such  repairs  or  alterations  shall  be  of  wood, 
or  of  copper,  brass  or  other  soft  metal  or  material.    In  no  case  shall 
nails  or  screws  be  driven  into  a  magazine  in  making  repairs  or  altera- 
tions, nor  into  any  material  that  has  once  formed  a  part  thereof; 
and  all  wooden  structural  parts  of  a  magazine,  if  discarded,  shall  be 
immediately  burned  at  a  safe  distance  therefrom.    No  person  shall 
store,  place  or  keep  any  clothing,  cotton  waste  or  other  article  or 
thing  in  a  magazine  containing  explosives,  except  a  wooden  mallet 
and  a  wooden  wedge  for  the  purpose  of  opening  boxes  of  explosives, 
which  shall  be  opened  only  with  such  implements.   Magazine  keepers 
and  all  other  persons  handling,  storing  or  transporting  explosives 
are  prohibited  from  carrying  matches  or  permitting  matches  to  be 
brought  to  or  near  the  place  where  explosives  are  handled,  stored  or 
transported.    (Amend.  May  25,  1915.) 

10.  Marking  explosives.     Each  contractor  holding  a  permit  for 
blasting,  before  placing  explosives  in  a  magazine,  shall  require  each 
stick  or  container  of  such  explosives  to  be  plainly  labelled  or  marked 
with  a  magazine  number  of  identification,  to  be  furnished  by  the 
fire  commissioner.     No  person,  not  holding  a  certificate  of  fitness 
as  a  blaster  or  a  magazine  keeper,  shall  use  or  have  in  his  possession 
any  explosives  not  marked  with  an  identification  number  as  above 
provided.     All  unmarked  explosives  found  in  the  possession  of  a 
contractor  or  any  other  person,  except  the  manufacturer  thereof 
or  his  agent,  may  be  confiscated,  seized,  condemned  and  destroyed 
by  the  fire  commissioner. 

11. 

12.  Storage  restrictions.    No  person  shall 

(a)  Place,  keep  or  store  in  a  magazine  explosives  in  excess  of  the 
amount  stated  in  the  permit  therefor,  except  by  special  permission 
of  the  fire  commissioner. 

(b)  Place,  keep  or  store  black  powder,  blasting  powder  or  smoke- 


EXPLOSIVES  AND  HAZARDOUS  TRADES  279 

less  powder  in  a  magazine  containing  any  other  explosive,  or  in  a 
magazine  containing  blasting  caps,  detonators  or  electric  fuses. 

(c)  Place,  keep  or  store  in,  or  bring  within  100  feet  of  a  magazine 
of  the  1st,  2d,  3d  or  4th  class  containing  explosives,  black  powder 
blasting  powder  or  smokeless  powder,  any  blasting  caps,  capped 
cartridge,  detonator  or  any  other  article  or  thing  that  is  likely  to 
cause  an  explosion  by  friction,  shock,  heat  or  otherwise,  or  place  or 
store  dynamite  or  any  other  high  explosive  in  any  magazine  which 
has  previously  contained  black  or  blasting  powder,  without  first  ob- 
taining the  express  permission  of  the  fire  commissioner. 

(d)  Cap  a  cartridge  within  a  radius  of  100  feet  of  a  magazine 
(except  magazines  of  the  fifth  class),  nor  cap  more  cartridges  than 
necessary  for  immediate  use.    (Amend.  May  25,  1915.) 

§  64.  Delivery  by  vehicle.  1.  Permit. — No  person  shall  carry  or 
transport  explosives  through  the  streets  except  in  a  vehicle  propelled 
by  animal  or  electrical  power,  constructed  and  equipped  in  con- 
formity with  specifications  approved  by  the  fire  commissioner,  for 
which  a  permit  shall  have  been  issued.  (Amend.  May  25,  1915.) 

2.  Construction.    Repealed,  May  25,  1915. 

3.  Drivers.    Each  such  vehicle  shall  be  continuously  in  charge  of 
two  competent  persons,  each  holding  a  certificate  of  fitness  as  a 
handler  of  explosives,  and  no  other  person  shall  be  allowed  in  or 
upon  such  vehicle.    No  person  in  charge  of  a  vehicle  containing  ex- 
plosives shall  smoke  in  or  upon  such  vehicle;  nor  drive,  load  or  un- 
load the  vehicle  while  intoxicated,  or  in  a  careless  or  reckless  manner. 
(Amend.  May  25,  1915.) 

4.  Exploders.    No  person  shall  place  or  carry  in  or  upon  a  vehicle, 
containing  explosives,  any  exploaers,  detonators,  blasting  caps,  or 
other  explosive  material,  nor  carry  in  or  upon  such  vehicle  any 
matches,  metal  tool  or  piece  of  metal  or  any  mechanical  device  for 
producing  a  spark  or  flame. 

5.  Flag.    Each  such  vehicle  shall  display  upon  an  erect  pole  on  the 
front  end  thereof,  and  at  such  height  that  it  may  be  visible  from  all 
directions,  a  red  flag  with  the  word  DANGER  painted,  stamped  or 
sewn  thereon  in  white  letters.    Each  flag  shall  be  at  least  18  inches  by 
30  inches  in  size,  and  the  letters  thereon  shall  be  at  least  12  inches  in 
height. 

6.  Interference  with.    No  person  shall  interfere  with  or  molest  a 
vehicle  containing  explosives,  or  the  horses,  or  the  person  in  charge 
thereof. 

7.  Load  limit.    No  person  shall  carry  or  transport  in  or  upon  such  a 
vehicle  any  explosives  in  excess  of  1,000  pounds. 

8.  Original  packages.    No  person  in  charge  of  a  vehicle  carrying 
explosives  shall  deliver  them  except  in  original  and  unbroken  pack- 
ages, nor  at  any  place  other  than  a  duly  authorized  magazine  and 
to  the  person  in  charge  thereof. 

9.  Painted  vermilion.     Each  such  vehicle  shall  be  painted  ver- 
milion, and  shall  have  painted  on  its  sides  and  back,  in  easily  legible 
white  letters  at  least  12  inches  high,  the  word  EXPLOSIVES,  and  in 
smaller  letters  and  figures  the  name  of  the  owner  and  the  number  of 
the  permit. 

10.  Route.    No  vehicle  containing  explosives  shall  be  driven,  for 
more  than  one  city  block,  along  any  street  in  the  city  over  which 


280  CODE    OF   ORDINANCES   OF   THE    CITY    OF   NEW    YORK 

there  is  an  elevated  railroad  or  under  which  there  is  a  tunnel  or 
subway  for  the  transportation  of  passengers  or  freight,  nor  through 
a  crowded  street.  Each  vehicle  shall  be  propelled  by  animal  or 
electric  power,  amply  sufficient  to  haul  the  load,  and  no  unnecessary 
stops  shall  be  made  in  transit.  All  vehicles  containing  explosives, 
proceeding  in  the  same  direction,  shall  maintain  a  distance  between 
them  of  one  city  block.  No  explosives  shall  be  transported  over  or 
upon  any  bridge  connecting  the  Borough  of  Brooklyn  or  the  Borough 
of  Queens  with  the  Borough  of  Manhattan.  (Amend.  May  25,  1915.) 
§  65.  Vessels  carrying  explosives.  1.  Generally. — The  commander, 
owner  or  owners  of  any  vessel  arriving  in  the  port  of  New  York, 
carrying  explosives  or  explosive  material  in  excess  of  the  amount 
required  for  the  ship's  own  use  for  signalling  and  life-saving  purposes 
shall,  before  approaching  nearer  than  1,000  feet  to  any  pier  line  of 
the  city,  obtain  a  permit  therefor  from  the  fire  commissioner. 
The  retention  for  more  than  48  hours  on  board  of  any  ship  lying  at  a 
dock,  pier  or  bulkhead  within  the  city  of  any  explosives,  or  explosive 
material  in  excess  of  the  amount  required  for  the  ship's  own  use  for 
signalling  or  life-saving  purposes,  is  prohibited.  (Amend.  May  25, 
1915.) 

2.  Powder-boats.    No  person  shall  transport  explosives  upon  the 
water  within  the  city  for  delivery  at  a  dock,  pier  or  bulkhead,  or  to  a 
vessel  lying  thereto,  except  in  a  lighter,  tender  or  other  vessel,  for 
which  a  permit  shall  have  been  issued.    Each  such  vessel  shall,  while 
carrying  explosives,  have  continuously  on  board  thereof  two  com- 
petent persons,  each  holding  a  certificate  of  fitness  as  a  handler  of 
explosives,  one  of  whom  shall  be  the  commander  of  the  vessel;  and 
no  person  other  than  the  holder  of  a  permit  issued  under  §  61  of  this 
chapter  and  the  necessary  crew  shall  be  allowed  in  or  upon  such 
vessel.    Whenever  practicable,  all  explosives  shall  be  stowed  on  deck 
and  properly  covered  with  a  tarpaulin. 

3.  Blasting  caps.    No  person  having  charge  of  a  vessel  carrying 
explosives  within  the  city  shall  also  carry  in  or  upon  such  vessel,  at 
the  same  time,  any  electric  fuse,  blasting  caps,  detonators,  or  other 
exploders. 

4.  Landing.     No  person  shall  land  or  place  explosives  upon  a 
dock,  pier,  bulkhead  or  other  landing  place.     Explosives  intended 
for  use  within  the  city  shall  be  transferred  from  the  vessel  making 
the  delivery  directly  to  a  vehicle  for  transporting  explosives,  at  the 
docks  or  piers  designated  by  the  fire  commissioner,  for  which  a 
permit  has  been  issued  under  section  63  of  this  chapter.    Explosives 
intended  for  shipment  to  points  outside  the  city  may  be  transferred 
from  a  vessel  directly  to  another  vessel  lying  at  a  city  dock  or  pier, 
designated  by  the  fire  commissioner,  provided  the  amount  so  trans- 
ferred does  not  exceed  2,500  pounds.    All  such  shipments  in  excess 
of  2,500  pounds  and  not  exceeding  5,000  pounds  must  be  transferred 
from  vessel  to  vessel  at  a  distance  of  not  less  than  1,000  feet  from 
any  city  pier  line.    (Amend.  May  25,  1915.) 

5.  Precautions.    No  person  shall  smoke  while  in  or  upon  any  vessel 
carrying  explosives;  nor  carry  therein  or  thereon  any  matches,  other 
than  safety  matches,  nor  allow  in  or  upon  such  vessel,  any  intox- 
icated person. 

§  66.  Report  of  deliveries. — No  holder  of  a  permit  under  section  63 


EXPLOSIVES  AND  HAZARDOUS  TRADES  281 

or  section  64  of  this  chapter  shall  deliver  explosives  to  any  person, 
firm  or  corporation  not  holding  a  permit  from  the  fire  commis- 
sioner. Each  holder  of  such  a  permit  shall  file  with  the  commis- 
sioner, before  10  A.  M.  of  each  business  day,  a  written  statement, 
under  oath,  of  all  deliveries  of  explosives  made  by  him  on  the  pre- 
ceding day,  which  shall  contain  the  following  information: 

(a)  Name  and  address  of  person  to  whom  delivered; 

(b)  Date  of  delivery; 

(c)  Location  of  magazine  where  delivered; 

(d)  Name  of  person  having  charge  of  the  magazine  at  which 
delivery  was  made; 

(e)  Number  of  pounds,  name  or  brand,  and  character  of  explo- 
sives delivered  at  each  magazine.    (Amend.  May  25,  1915.) 

§  67.  Blasting  caps.  1.  Permits  to  transport,  store  and  sett. — No 
person  shall  transport,  store  and  sell  any  electric  fuses,  safety  fuses  or 
blasting  caps  without  a  permit. 

2.  Storage.     No  person  shall  bring  into,  transport,  store,  sell  or 
deliver  within  the  city  any  blasting  caps,  except  when  packed  in 
tin  boxes  containing  not  more  than  100  caps  each.    No  holder  of  a 
permit  for  the  storage  and  use  of  explosives  issued  in  conformity 
with  this  chapter  shall  be  allowed  to  store  or  keep  more  than  1,000 
blasting  caps  without  a  permit  therefor;  and  blasting  caps  in  what- 
ever quantity  shall  be  kept  in  a  separate  magazine  at  least  100  feet 
distant  from  any  magazine  containing  explosives.    (Amend.  May  25, 
1915.) 

3.  Delivery  wagons.    No  person  shall  transport  or  cany  through 
the  streets  any  electric  blasting  caps  in  excess  of  5,000,  nor  shall  the 
same  be  carried  in  any  other  than  a  duly  authorized  vehicle,  which 
shall  comply  with  all  the  requirements  governing  vehicles  for  the 
transportation  of  explosives.     No  person  shall  place  or  carry  or 
cause  to  be  placed  or  carried,  in  or  upon  any  vehicle  containing 
electric  fuses  or  blasting  caps,  any  other  explosive.    (Amend.  May  25, 
1915.) 

4.  Magazines.     All  magazines  for  which  permits  are  issued  for 
the  storage  of  blasting  caps  shall  be  deemed  to  be  magazines  of  the 
first  class,  and  shall  comply  with  all  requirements  governing  maga- 
zines of  that  class.    Such  magazines  shall  not  be  permitted  to  con- 
tain more  than  20,000  blasting  caps  and  each  such  magazine  shall 
be  continuously  under  the  care  of  a  person  holding  a  certificate  of 
fitness  as  a  magazine  keeper.    (Amend.  May  25,  1915.) 

5.  Packing.    No  person  shall  bring  into,  store,  sell  or  transport 
within  the  city  electric  blasting  caps  except  in  cartons  containing 
not  more  than  50  each;  and  when  packed  in  shipping  cases  such 
cases  shall  contain  not  more  than  500  caps.    No  person  shall  sell  and 
deliver  for  use  any  electric  fuses,  except  in  original  and  unbroken 
cartons  containing  not  more  than  50  fuses  each.    (Amend.  May  25, 
1915.) 

6.  Warning.    Each  shipping  case  or  package  containing  electric 
fuses  or  blasting  caps  shall  bear  on  one  side  thereof  the  name  and 
address  of  the  manufacturer,  and  shall  have  plainly  marked  on  two 
sides  thereof  the  words  BLASTING  CAPS— HANDLE  CARE- 
FULLY, DO  NOT  STORE  OR  LOAD  WITH  ANY  EXPLOSIVE. 

§  68.  Black  powder,  blasting  powder  or  smokeless  powder.     1.  Per- 


282  CODE   OF   ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

mil. — No  person  shall  transport,  store  or  sell  any  black  powder, 
blasting  powder  or  smokeless  powder,  without  a  permit. 

2.  Magazines.     A  magazine  permit  for  the  storage  of  any  such 
powder  in  quantities  aggregating  not  more  than  250  pounds  may  be 
issued,  but  no  such  permit  shall  be  issued  unless  the  fire  commissioner 
shall  have  approved  its  location  and  construction.    All  such  maga- 
zines shall  be  maintained  in  conformity  with  the  requirements  of  this 
chapter  concerning  magazines  for  the  storage  of  explosives. 

3.  Outside  exposure.    No  person  shall  expose  any  such  powder  on 
the  outside  of  any  building  or  in  any  window  or  door  thereof 

4.  Packing.    All  such  powder  stored  in  magazines  or  when  trans- 
ported within  the  city  shall  be  packed  in  strong  wooden,  fiber  or 
metallic  cans  or  canisters,  containing  not  more  than  25  pounds  each. 

5.  Small  supplies.    A  permit  may  be  issued  for  the  storage  of  any 
such  powder  in  quantities  aggregating  not  more  than  14  pounds, 
provided  it  be  stored  in  a  receptacle  so  placed  that  it  can  be  flooded 
from  the  exterior  of  the  building,  or  in  a  metal  receptacle,  properly 
locked  and  on  wheels,  plainly  marked  "Gunpowder,"  and  located  not 
more  than  10  feet  from  and  directly  opposite  the  entrance  nearest  the 
street  level. 

6.  Restrictions.    No  permit  shall  be  issued  for  the  storage  and  sale 
of  black  powder,  blasting  powder  or  smokeless  powder  in  any  build- 
ing 

(a)  Which  is  occupied  as  a  tenement  house,  dwelling,  school  or 
theatre  or  other  place  of  public  amusement  or  assembly; 

(b)  Which  is  of  wooden  construction  (except  authorized  maga- 
zines) ; 

(c)  Where  the  premises  covered  by  the  permit  are  lighted  by  any 
means  other  than  electricity; 

(d)  Where  cigars,  cigarettes  or  tobaccos  are  kept  for  sale; 

(e)  Where  paints,  varnishes  or  lacquers  are  manufactured,  stored 
or  kept  for  sale; 

(f)  -Where  matches,  rosin,  turpentine,  petroleum,  or  any  liquid 
product  thereof,  hemp,  cotton,  fireworks,  or  other  articles  of  a  highly 
inflammable  or  combustible  nature  are  manufactured,  stored  or  kept 
for  sale. 

§  69.  Use;  blasting.  1.  Quantity  of  explosive. — No  person  shall 
use  in  a  blasting  operation  a  quantity  of  explosives  greater  than 
necessary  properly  to  start  the  rock;  but  the  inspector  of  blasting 
shall  have  authority  to  prescribe  the  maximum  quantity  of  explosives 
to  be  used. 

2.  Covering  blasts.  Immediately  after  loading  and  tamping  the 
hole,  and  before  firing  the  blast,  the  rock  to  be  blasted  shall  be 
covered  on  all  exposed  sides  with  a  strong  woven  matting  of  rope  or 
wire  at  least  l/^  inches  in  diameter,  and  at  least  12  timbers,  each  10 
feet  long  and  10  inches  in  smallest  diameter,  held  securely  together 
by  chains  or  by  iron  or  steel  cables  at  least  %  of  an  inch  in  diameter. 
After  the  rock  has  been  thus  covered,  the  blast  shall  be  fired  without 
unnecessary  delay.  The  inspector  of  blasting  shall  have  authority 
to  prescribe  the  amount  and  manner  of  application  of  the  protective 
covering  to  be  placed  over  blasts  situated  on  the  perpendicular  or 
diagonal  side  of  a  rock,  and  over  blasts  for  ditch-work,  block-holes, 
man-holes,  pole-holes,  electric  wire  subways,  sewer  and  gas  connec- 


EXPLOSIVES  AND  HAZARDOUS  TRADES  283 

tions,  gas  and  water-mains.  The  provisions  of  this  subdivision  shall 
not  apply  to  blasting  operations  in  a  tunnel  or  subway  when  the 
blast  is  situated  more  than  100  feet  from  the  mouth  or  opening  to 
the  tunnel  and  at  least  10  feet  below  the  outer  surface  of  the  rock. 
(Amend.  May  25,  1915.) 

3.  Firing.    No  persons  shall  explode  a  blasting  charge  by  means 
of  time,  slow-burning  or  safety  fuse,  nor  by  any  means  other  than 
some  form  of  electrical  apparatus.    At  least  3  minutes  before  firing 
a  blast  the  blaster  shall  give  warning  thereof  by  causing  a  competent 
man,  carrying  a  red  flag,  to  be  stationed  at  reasonable  distance  from 
the  blast  at  each  avenue  of  approach  or  point  of  danger.    In  tunnel  or 
subway  work,  the  blaster  himself  shall  be  the  last  man  to  leave  the 
job  after  the  loading  is  completed  and  the  wires  are  connected,  and 
the  blaster  only  shall  be  permitted  to  throw  in  the  electric  switch  to 
fire  the  blast.    After  the  shot,  the  blasting  wires  shall  be  immediately 
disconnected  from  the  switch,  and  the  blaster,  when  returning  to 
see  the  effect  of  the  shot,  shall  also  disconnect  the  lead  wires  at  least 
200  feet  from  the  face  of  the  tunnel,  and  shall  restore  such  connec- 
tions only  when  all  the  men  have  left  the  face  of  the  tunnel  after 
loading.    A  firing  box  or  electric  switch  shall  be  placed  on  the  firing 
line  side  of  the  tunnel,  and  shall  always  be  kept  locked  except  when 
pulling  the  switch.    The  connection  between  this  box  and  the  lines 
leading  to  the  firing  and  electric  light  circuits  shall  be  broken  after 
each  shot,  and  it  shall  be  the  duty  of  the  certified  blaster  to  see  that 
this  is  done.    The  connection  with  lines  used  for  lighting  shall  not 
be  permanent,  but  before  each  shot  the  lead  wires  shall  be  carried 
across  the  tunnel  from  the  shooting  line  to  the  electric  light  circuit. 
When  a  heading  is  to  be  fired  only  the  cut  holes  and  lifting  holes  are 
allowed  to  be  loaded.    The  cut  holes  must  be  fired  first.    No  heading 
is  allowed  to  be  fully  loaded  and  fired  at  the  same  time.    In  open 
work  the  blaster  may  direct  an  assistant  to  pull  the  battery  when 
he  is  assured  that  all  proper  preparations  have  been  made  and  pre- 
cautions taken  for  firing  the  blast.    If  an  electric  circuit  is  used  for 
firing,  the  lead  wires  must  be  placed  on  the  opposite  side  of  the 
excavation  from  the  wires  used  for  lighting,  and  both  lines  of  wire 
must  be  properly  insulated. 

All  electric  apparatus  of  whatever  nature  used  in  blasting  opera- 
tions shall  be  kept  locked  and  under  the  direct  personal  charge  of  the 
blaster. 

Where  two  or  more  blasters  are  employed  on  the  same  job,  each 
blaster  shall  sign  with  the  magazine  keeper  for  the  amount  of  ex- 
plosives removed,  and  the  time  when  taken,  and  shall  be  responsible 
both  for  all  the  explosives  used  by  him  and  for  the  prompt  return 
to  the  magazine  of  any  explosives  not  immediately  used  on  the  job. 
(Amend.  May  25,  1915.) 

4.  Hours.    No  person  shall  conduct  blasting  operations  within  the 
city  between  the  hours  of  7  o'clock  p.  m.  and  7  o'clock  a.  m.,  nor  at 
any  time  on  Sunday,  except  under  authority  of  a  special  permit. 

5.  Shoring.    The  blasting  of  rock  contiguous  to  any  structure  shall 
be  so  conducted  as  not  to  cause  damage  thereto;  and,  to  this  end, 
weak  walls  or  other  supports  shall  be  shored  up,  and  rotten  or  decom- 
posed rock  shall  be  removed,  only  by  the  use  of  gads,  picks  or  crow- 
bars.   When  blasting  in  the  vicinity  of  a  weak  structure  is  unavoid- 


284 


CODE   OF   ORDINANCES   OF  THE   CITY   OF   NEW   YORK 


able,  only  light  face  blasts,  with  short  lines  of  resistance  and  small 
charges,  shall  be  used. 

6.  Tamping,     Blasting  charges  shall  be  tamped  only  by  means  of 
wooden  tamping  rods,  and  explosives  shall  be  pressed  or  set  into 
place  by  steady,  even  pressure  only.    All  strokes  or  blows  with  the 
tamping  rods  are  forbidden,  and  no  tamping  rod  shall  be  used  which 
is  frayed  or  split  at  the  end.    (Amend.  May  15,  1915.) 

7.  Unexploded  charge.     Immediately  after  firing  the  blast,  the 
blaster  shall  cause  all  debris  to  be  removed,  and  shall  thoroughly 
examine  the  rock  and  the  drill  holes  to  ascertain  whether  there  re- 
mains any  unexploded  charge,  and  until  this  is  done  no  drills  shall 
be  set  up.    In  case  a  charge  should  fail  to  explode,  and  the  direction 
of  its  bore  hole  can  be  positively  determined,  the  old  charge  may 
be  exploded  by  drilling  a  single  hole  at  least  twelve  inches  distant 
from  and  parallel  with  it,  which  latter  hole  shall  then  be  loaded  and 
fired  in  the  manner  prescribed  for  any  other  bore  hole.    In  case  the 
direction  of  the  bore  hole  cannot  be  positively  determined,  then,  by 
order  of  and  under  the  direct  supervision  of  the  superintendent  or 
walking  boss  only,  the  tamping  may  be  cautiously  removed  by  a 
licensed  blaster  down  to  a  point  near  the  explosive,  by  the  use  of  a 
metal  scraper  or  an  air  blowpipe,  after  which  the  partially  emptied 
hole  shall  be  loaded  with  a  small  starting  charge,  and  detonated  in 
the  usual  manner.    While  this  work  is  being  done  all  persons  except 
the  licensed  blaster  or  the  superintendent  or  walking  boss,  shall  retire 
to  a  safe  distance.    In  no  case  shall  a  charge  which  has  failed  to  ex- 
plode be  drawn  or  otherwise  removed  from  the  blasting  hole  without 
the  express  permission  of  the  fire  commissioner.    In  case  a  blast  shall 
fail  to  carry  away  the  entire  drill  hole,  and  leaves  the  lower  part 
intact,  no  further  drilling  shall  be  done  in  that  hole.     (Amend. 
May  25,  1915.) 

8.  Blasters'  helpers.    No  person  shall  load  holes  in  blasting  opera- 
tions except  a  person  holding  a  certificate  of  fitness,  provided,  how- 
ever, that  while  holes  are  being  actually  loaded,  drillers  and  drill 
helpers  may  act  as  blasters'  helpers  under  the  direct  supervision  and 
responsibility  of  the  blaster.    (New  Ord.  May  25,  1915.) 

9.  Small  blasting  jobs.    A  contractor  for  a  small  blasting  job  who 
holds  a  certificate  of  fitness  as  a  blaster  and  has  filed  a  bond  in  the 
penal  sum  of  $5,000,  conditioned  as  required  in  section  58,  may, 
upon  receiving  the  expressed  permission  of  the  fire  commissioner, 
obtain  a  sufficient  quantity  of  explosives  for  the  blast  (in  no  case 
exceeding  five  pounds)  from  a  magazine  not  more  than  1,500  feet 
from  his  job,  and  may  carry  them  to  such  job  in  a  manner  satisfactory 
to  the  fire  commissioner,  and  may  load  and  shoot  the  holes  as  pro- 
vided by  these  regulations.     All   explosives  not  used  in  the  blast 
shall  be  immediately  returned  to  the  magazine  from  which  obtained. 
(New  Ord.  May  25,   1915.) 


EXPLOSIVES   AND   HAZARDOUS  TBADBfl  285 

ARTICLE  5 

AMMUNITION 

Sec.  80.  Manufacturing;  loading. 
§  81.  Storage  and  sale 

Sec.  80.  Manufacturing;  loading. — No  person  shall  manufacture, 
or  load  ammunition  by  power  machinery.  A  special  permit  may  be 
issued  to  a  person  holding  a  permit  for  the  storage  and  sale  of  ammu- 
nition, authorizing  the  load  of  small  arms  ammunition  by  hand. 
§  81.  Storage  and  sale.  1.  Permit. — No  person  shall  store,  sell  or 
offer  for  sale  any  ammunition  in  excess  of  200  small  arms  cartridges 
without  a  permit.  (Amend.  May  25,  1915.) 

2.  Blanks  for  artillery.    Holders  of  permits  issued  under  this 
section  may  store  a  limited  number  of  blank  shells  or  cartridges  to  be 
used  in  cannon  for  saluting  purposes;  the  number  to  be  so  stored 
shall  be  fixed  by  the  fire  commissioner  in  each  case,  and  shall  be 
stated  in  the  permit. 

3.  Quantities.  ,  The   fire   commissioner   may   fix   the   maximum 
quantity  of  ammunition  to  be  stored  in  any  premises  for  which  a 
permit  is  applied,  and  the  quantity  so  fixed  shall  be  stated  in  the 
permit;  but  no  permit  shall  be  issued  for  the  storage  of  ammunition 
in  quantities  greater  than  the  following: 

300,000  loaded  shells  containing  shot,  for  shotguns  not  exceeding 
No.  8  gauge; 

2,500,000  cartridges  for  pistols; 

500,000  cartridges  for  rifles  of  a  caliber  not  larger  than  .45  of  an 
inch; 

10,000  cartridges  for  rifles  of  a  caliber  not  larger  than  .50  of  an 
inch; 

5,000  cartridges  for  rifles  of  a  caliber  between  .50  of  an  inch  and 
.58  of  an  inch; 

5,000  blank  cartridges  of  a  caliber  not  larger  than  .45  of  an  inch; 

3,000,000  primers  for  central  fire  ammunition; 

6,000,000  percussion  caps,  or  primers,  without  anvils. 

4.  Restrictions.     No  permit  for  the  storage  and  sale  of  ammu- 
nition in  excess  of  200  small  arms  cartridges  shall  be  issued  for  any 
premises — 

(a)  Which  are  occupied  as  a  tenement  house,  school,  theatre  or 
other  place  of  public  amusement  or  assembly,  excepting  armories  of 
the  National  Guard; 

(b)  Which  are  used  as  a  drug  store,  paint  store,  pawn  shop  or 
stationery  store; 

(c)  Where  cigars,  cigarettes  or  tobaccos  are  stored  or  kept  for  sale; 

(d)  Where  liquors  are  sold; 

(e)  Where  other  materials  of  a  highly  inflammable  nature  are 
manufactured,  stored  or  kept  for  sale,  but  this  restriction  shall  not 
apply  to  a  person  duly  authorized  to  keep  and  sell  gunpowder; 

(f)  Where  fireworks  are  manufactured,  stored  or  sold.     (Amend. 
May  25,  1915.) 

5.  Theatrical  use.     No  permit  shall  be  issued  for  the  use  of  blank 


286  CODE   OP   ORDINANCES  OP  THE   CITY   OP  NEW   YORK 

cartridges,  except  in  connection  with  performances  in  duly  author- 
ized theatres  or  places  of  public  amusement,  or  for  saluting  purposes, 
as  provided  in  subdivision  2  of  this  section. 

6.  Window  displays.  No  holder  of  a  permit  for  the  storage  and 
sale  of  ammunition  shall  store  or  exhibit  in  the  windows  or  doors 
of  the  premises  covered  by  the  permit  any  cartridges  or  shells  con- 
taining explosives. 

ARTICLE  6 

FIREWORKS 

Sec.  90.  Manufacture. 

91.  Signal  lights. 

92.  Storage,  sale  and  transportation. 

93.  Prohibited  types. 

94.  Prohibited,  except  for  export. 

95.  Discharge  of  fireworks. 

Sec.  90.  Manufacture.  1.  Permit. — No  person  shall  manufacture 
any  fireworks  in  the  city  without  a  permit. 

2.  Conditions.    Such  a  permit  may  be  issued  upon  the  following 
conditions: 

(a)  The  manufactory  shall  not  be  situated  nearer  than  200  feet 
to  any  building  not  used  in  connection  with  such  manufacture,  or 
to  any  street,  and  not  nearer  than  50  feet  to  any  building  used  for 
the  storage  of  explosives  or  fireworks,  nor  nearer  than  25  feet  to  any 
other  building  within  the  factory  enclosure; 

(b)  Premises  where  fireworks  are  manufactured  shall  be  enclosed 
on  all  sides  by  a  substantial  fence,  and  all  openings  to  such  en- 
closure shall  be  fitted  with  suitable  gates,  which,  when  not  locked, 
shall  be  in  charge  of  a  competent  watchman,  who  shall  have  charge 
of  the  manufactory  when  it  is  not  in  active  operation; 

(c)  Premises  where  fireworks  are  manufactured  shall  have  at 
least  3  fire  hyrants  placed  in  different  parts  of  the  enclosure,  con- 
nected to  an  adequate  supply  of  water  under  pressure,  the  hose 
to  be  sufficient  to  reach  all  parts  of  the  buildings  within  the  en- 
closure, and  there  shall  at  all  times  be  kept,  within  a  distance  of  5 
feet  of  each  building  inside  such  enclosure,  at  least  6  10-quart  buckets, 
full  of  water,  and  at  least  6  10-quart  buckets  full  of  sand;  (Amend. 
Aug.  8,  1916.) 

(d)  The 'manufactory  shall  at  all  times  be  supplied  with  adequate 
means  of  communication  with  the  fire  department,  such  as  a  tele- 
phone or  fire  alarm  boxes,  and  shall  be  lighted  only  by  incandescent 
electric  lights; 

(e)  A  building  used  for  the  storage  of  explosives  or  for  the  storage 
of  finished  fireworks  shall  not  be  situated  nearer  than  300  feet  to  any 
building  not  used  in  connection  with  the  manufacture  of  fireworks, 
or  to  any  street; 

3.  Packing.    Torpedoes  must  be  packed  with  sawdust  in  paper 
cartons,  and  these  packed  in  wooden  shipping  cases;  but  no  shipping 
case  shall  contain  more  than  1,000  torpedoes.     Fireworks  having 
fuses  attached  or  inserted  shall  be  packed  in  such  manner  that  the 


EXPLOSIVES   AND   HAZARDOUS  TRADES  287 

fuses  shall  all  point  in  the  same  direction,  and  the  label  shall  be 
attached  to  the  end  of  the  package  opposite  the  fuse. 

4.  Restrictions.    No  person  shall  manufacture  within  the  city  of 
New  York  any  of  the  following  articles: 

(a)  Fireworks  containing  chlorates  (except  chlorate  of  potash 
and  chlorate  of  barium),  picrates,  fulminates  or  any  high  explosive; 

(b)  Fireworks  containing  chlorate  and  sulphur  in  admixture; 

(c)  Railroad  track  torpedoes; 

(d)  Flashlight  compositions; 

(e)  Picrates  or  fulminates; 

(f)  Fireworks  whistles; 

(g)  Explosive  marbles; 
(h)  Blank  cartridges; 

(i)  Fireworks  with  match-head  or  self-lighting  ends,  except  ship 
signals; 

(j)  Fireworks  containing  red  or  white  phosphorus; 

(k)  Compounds  used  for  detonating  purposes;  primers,  or  electrical 
fuses,  or  any  composition  used  to  obtain  audible  or  visible  effects 
by  combustion,  explosion  or  detonation  in  cannon,  machine  or 
rapid-fire  guns;  shells,  torpedoes  or  war  rockets. 

5.  Supervision.    All  premises  where  fireworks  are  manufactured 
shall,  while  in  operation,  be  continuously  under  the  charge  and 
supervision  of  one  or  more  persons,  each  holding  a  certificate  of 
fitness  as  a  superintendent  or  manager  of  a  fireworks  factory. 

§  91.  Signal  lights— The  manufacture  of  railroad  and  ship  signal 
lights,  signal  compositions,  and  rockets  shall  be  governed  by  the 
same  regulations  as  govern  the  manufacture  of  fireworks. 

§  92.  Storage,  sale  and  transportation.  1.  Certificate  of  registra- 
tion.— No  person  shall  transport,  store  or  sell  fireworks  unless  a 
certificate  of  registration  of  the  name  of  the  manufacturer  thereof 
shall  have  been  issued;  provided,  however,  that  certificates  of  regis- 
tration shall  not  be  required  for  fireworks  manufactured  under  a 
permit  issued  in  conformity  with  §  60  of  this  article. 

2.  Permit.    No  person  shall  store  or  sell  fireworks  without  a  per- 
mit. 

3.  Restrictions.    No  permit  under  this  section  shall  be  issued  for 
any  premises 

(a)  Which  are  occupied  as  a  tenement  house,  school,  workshop, 
factory,  theatre  or  other  place  of  public  amusement  or  assembly; 

(b)  Which  are  not  equipped  with  an  approved  system  of  automatic 
sprinklers; 

(c)  Which  are  of  wooden  construction; 

(d)  Which  are  artificially  lighted  by  any  means  other  than  elec- 
tricity; 

(e)  Where  cigars,  cigarettes  or  tobaccos  are  kept  for  sale;       , 

(f)  Where  paints,  oils,  varnishes,  lacquers  or  inflammable  liquids 
are  manufactured,  stored  or  kept  for  sale; 

(g)  Where  drygoods  or  other  materials  of  a  highly  inflammable 
nature  are  manufactured,  stored  or  sold; 

(h)  Where  matches,  rosin,  turpentine,  petroleum  or  any  liauid 
product  thereof,  hemp,  or  explosives  are  manufactured,  stored  or 
kept  for  sale. 

4.  Extinguishers.    All  holders  of  permits  under  this  section  shall 


288  CODE   OP  ORDINANCES  OP  THE  CITY   OP  NEW   YORK 

keep  on  the  premises  covered  by  the  permit,  in  a  convenient  location, 
at  least  6  10-quart 'buckets  of  water  and  6  10-quart  buckets  of  sand, 
fit  and  ready  for  use  in  case  of  fire.  (Amend.  Aug.  8,  1916.) 

5.  Firecrackers.     A  permit  may  be  issued  to  a  person  doing  a 
general  storage  or  warehouse  business  for  the  storage,  in  a  duly 
authorized  warehouse,  of  firecrackers  composed  only  of  sulphur, 
saltpeter  and  charcoal  mixtures,  and  the  quantity  of  firecrackers  to 
be  so  stored  shall  in  each  case  be  stated  in  the  permit. 

6.  Local   transportation. — No    person    shall    carry    or    transport 
through  the  streets  fireworks  exceeding  in  wholesale  market  value 
the  sum  of  $10,  unless  they  are  securely  packed  in  spark-proof  wooden 
or  metal  packages  having  plainly  marked  on  the  outside  thereof  in 
large  legible  letters  the  words  FIREWORKS-EXPLOSIVE,  but 
under  no  circumstances  shall  any  person  carry  or  transport  fireworks 
in  a  tunnel  or  subway  under  the  streets,  lands  or  waters  of  the  city, 
to  which  the  public  has  access. 

7.  Manufacturer's  mark.     All  fireworks  stored  or  sold,   except 
imported  Chinese  firecrackers,  shall  bear  the  name  of  the  manufac- 
turer plainly  marked  upon  the  outside  of  each  package  and  shipping 
case. 

8.  Quantities  limited.    No  permit  shall  be  issued  for  the  storage 
and  sale  of  fireworks  in  any  building  to  an  amount  in  excess  of 
$1,500,  wholesale  market  value. 

9.  Street  sales.    No  person  shall  sell  or  exhibit  for  sale  any  fire- 
works on  sidewalks,  streets,  parks,  squares,  bulkheads,  piers  or  other 
public  places. 

10.  Window  displays.    No  person  shall  keep,  store  or  exhibit  fire- 
works in  the  windows  or  doors  of  the  premises  covered  by  a  permit 
for  the  storage  and  sale  thereof. 

§  93.  Prohibited  types.  1.  Storage,  transportation  or  sale. — 'No  per- 
son shall  store,  transport  or  sell  within  the  City  of  New  York  any  of 
the  following  articles: 

(a)  Fireworks  containing  chlorates   (except  chlorate  of  potash 
and  chlorate  of  barium),  picrates,  fulminates  or  any  high  explosive; 

(b)  Fireworks  containing  sulphur  and  chlorate  in  admixture; 


(c)  Bombardments  or  mandarins  made  of  chlorate  mixtures; 

(d) 

(e)  Cartridge  exploders; 


(d)  Canes  with  chlorate  mixtures; 


(f)  Fireworks  known  as  cannon  salutes; 

(g)  Fireworks  with  match-head  or  self-lighting  ends,  except  ship 


(h)  Fireworks  containing  red  or  white  phosphorous; 
(i)  Explosive  marbles; 
(j)  Compositions  used  for  detonating  purposes. 
2.  \Discharge  or  use.    No  person  shall  use  or  discharge  any  of  the 
following  articles: 

(a)  Rockets  or  aerial  salutes  of  any  kind; 

(b)  Fireworks  containing  chlorates  (except  chlorate  of  potash  and 
chlorate  of  barium),  picrates,  fulminates  or  any  high  explosive; 

(c)  Firecrackers  longer  than  five  inches  or  larger  than  three- 
fourths  of  an  inch  in  diameter; 

(d)  Fireworks  containing  sulphur  and  chlorate  in  admixture; 

(e)  Bombardments  or  mandarins  made  of  chlorate  mixtures; 


EXPLOSIVES  AND   HAZARDOUS  TRADES  289 

(f)  Bombs  and  shells; 

(g)  All  fireworks  known  as  cannon  salutes; 

(h)  Fireworks  technically  known  as  flying  pigeons,  flying  devils, 
whirlwinds,  wheat  sheaves  and  gatling  batteries; 

(i)  Fireworks  containing  red  or  white  phosphorus; 

(j)  Fireworks  with  match  heads  or  self-lighting  ends; 

(k)  Balloons  carrying  a  lighted  substance; 

(1)  Cartridges  of  any  kind,  except  as  provided  in  Article  V; 

(m)  Explosive  marbles; 

(n)  Compositions  used  for  detonating  purposes,  except  as  pro- 
vided for  in  Article  IV. 

§  94.  Prohibited,  except  for  export. — No  person  shall  store,  sell  or 
transport,  except  for  delivery  beyond  the  city  limits,  any  of  the. 
following  articles: 

(a)  Rockets  or  aerial  salutes; 

(b)  Firecrackers  longer  than  5  inches  or  larger  than  %  of  an  inch 
in  diameter; 

(c)  Bombs  and  shells; 

(d)  Fireworks  technically  known  as  flying  pigeons,  flying  devils, 
whirlwinds,  wheat  sheaves,  gatling  batteries,  and  similar  articles; 

(e)  Fireworks  containing  red  or  white  phosphorus; 

(f)  Balloons  which  are  to  be  operated  by  a  lighted  substance. 
§95.  Discharge  of  fireworks.     1.  Permit. — No  person  shall  use  or 

discharge  any  fireworks  within  the  city  without  a  permit. 

2.  July  4th  exemption.    No  permit  shall  be  required  for  the  use  and 
discharge  of  fireworks  during  a  period  of  24  hours  covering  the  hol- 
iday known  as  the  "Fourth  of  July,"  where  the  quantity  discharged 
does  not  exceed  in  wholesale  market  value  the  sum  of  $2. 

3.  Police  notification.     All  permits  for  the  use  and  discharge  of 
fireworks  shall  be  issued  in  duplicate,  and  shall  show  the  name  of 
the  holder  of  the  permit,  the  names  of  his  employees  (if  any)  who  are 
to  discharge  the  fireworks  and  the  numbers  of  their  certificates  of 
fitness  (when  required);  the  place  and  time  of  display;  the  quantity, 
kind  and  wholesale  market  value  of  the  fireworks  to  oe  discharged, 
and  the  distance  to  be  preserved  between  the  place  of  discharge  and 
the  bystanders  and  nearby  buildings.    One  of  the  duplicate  permits 
shall  be  filed  with  the  commanding  officer  of  the  police  precinct  within 
which  the  display  is  to  be  given,  and  shall  be  evidence  of  the  right 
of  the  person  named  therein  to  give  the  display. 

4.  Postponement  of  display.    In  case  it  shall  be  impracticable  to 
make  the  display  at  the  time  authorized  in  the  permit,  the  fire  com- 
missioner may  authorize  such  display  at  another  time,  by  certifica- 
tion on  the  permit,  and  without  exacting  another  fee  therefor. 

5.  Restrictions.    No  person  shall  discharge  fireworks: 

(a)  In  or  upon  any  street  which  is  less  than  80  feet  in  width  be- 
tween the  building  lines; 

(b)  Within  a  radius  of  1,000  feet  of  any  hospital. 

6.  Displays  inside  theatres  and  other  buildings.     No  person  shall 
display  any  fireworks,  flashlights,  colored  fire,  or  open  lights,  upon 
the  stage  of  any  theatre  or  other  place  of  public  amusement  or 
assembly  without  a  permit.     (As  amend.) 

7.  Supervision.     No  person  shall  use  or  discharge  fireworks  ex- 
ceeding in  wholesale  market  value  the  sum  of  $10  without  having 


290  CODE  OF  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 

obtained  from  the  fire  commissioner  a  certificate  of  fitness  as  a 
pyrotechnist. 

Former  §  531  of  the  C.  O.  is  now  replaced  by  regulations  in  this  chapter.  Special 
ordinances  permitting  use  of  fireworks  on  special  occasions  are  invalid.  Landau  v. 
City  of  N.  Y.,  180  N.  Y.  48.  Liability  of  city  for  injuries  discussed.  Melker  v.  City 
of  N.  Y.,  190  N.  Y.  481.  When  city  is  liable  for  explosion.  De  Agramonti  v.  City 
of  Mt.  Vernon,  112  App.  Div.  291;  City  of  N.  Y.  v.  Hearst,  142  App.  Div.  343. 

When  permit  to  discharge  fireworks  may  be  a  nuisance.  Tripler  v.  Mayor,  139 
N.  Y.  1;  Speir  v.  City  of  Brooklyn,  139  N.  Y.  6. 


ARTICLE  7 

MATCHES 

Sec.  100.  Manufacture. 

§  101.  Transportation,  storage  and  sale. 
§  102.  Approved  matches. 
§  103.  White  phosphorus. 

Sec.  100.  Manufacture.  1.  Permit  required. — No  person  shall 
manufacture  any  matches  without  a  permit. 

2.  Conditions.  No  such  permit  shall  be  issued  unless  the  manufac- 
turing is  to  be  carried  on  in  a  building  used  exclusively  for  that 
purpose,  the  walls  of  which  are  constructed  of  brick,  stone  or  other 
fire  resisting  material,  and  artificially  lighted  by  any  means  other  than 
electricity. 

§  101.  Transportation,  storage  and  sale.  1.  Permit  required. — No 
person  shall  transport,  store  or  sell  matches  without  a  permit;  but 
no  such  permit  shall  be  required  of  a  person  holding  a  permit  to 
manufacture  matches;  nor  for  the  storage  and  sale  in  quantities 
aggregating,  at  any  time,  not  more  than  60  matchman's  gross  (14,400 
matches  each  gross). 

2.  Restrictions.  No  permit  shall  be  issued  for  the  storage  or  sale  of 
matches  within  the  city  in  quantities  aggregating  more  than  60 
matchman's  gross  for  any  premises — 

(a)  Which  are  occupied  as  a  tenement  house,  dwelling,  school, 
workshop,  factory,  theatre  or  other  place  of  public  amusement  or 
assembly; 

(b)  Which  are  of  wooden  construction; 

(c)  Where  paints,   oils,   varnishes,   lacquers,   rosin,   turpentine, 
petroleum  or  any  liquid  product  thereof,  hemp,  cotton,  guncotton, 
smokeless  powder,  black  powder,  blasting  powder,  fireworks,  or 
any  other  explosives  are  manufactured,  stored  or  kept  for  sale; 

(d)  Which  are  not  provided  with  such  number  of  fire  extinguishers 
and  pails  of  water  as  may  be  required  by  the  fire  commissioner. 

§  102.  Approved  matches.  1.  Certificate  of  approval. — No  person 
shall  transport,  store  or  sell  any  matches  for  which  a  certificate  of 
approval  shall  not  have  been  issued.  The  applicant  for  such  certif- 
icate shall  deposit  with  the  fire  commissioner  a  sample  of  the  matches 
for  which  approval  is  requested,  packed  in  the  labeled  boxes  or  con- 
tainers in  which  such  matches  are  to  be  sold,  and  no  such  application 
shall  include  more  than  one  kind  or  type  of  match,  but  several 
brands  or  names  of  the  same  kind  or  type  of  match  may  be  included 
and  a  single  certificate  of  approval  therefor  be  issuea.  (Amend. 
May  25,  1915.) 


EXPLOSIVES  AND  HAZARDOUS  TRADES  291 

2.  Fuzees,  wind  matches,  afterglow.    No  certificate  of  approval  shall 
be  issued  for  any  match  of  the  type  or  kind  commonly  known  as 
"fuzees"  or  "wind  matches,"  or  for  a  match  the  stick  of  which  has 
not  been  treated  to  a  process  of  impregnation  for  the  purpose  of 
preventing  an  afterglow. 

3.  Mark.    No  person  shall  store,  transport  or  sell  matches  unless 
the  box  or  container  in  which  they  are  packed  bears  plainly  marked 
on  the  outside  thereof  the  name  of  the  manufacturer,  or  in  t"he  case 
of  matches  of  foreign  manufacture,  the  name  of  the  importer  or 
agent,  and  in  every  case  a  distinctive  brand  or  mark  or  name.    No 
person  shall  place  in  a  box  or  container  marked  as  prescribed  in  this 
subdivision,  any  matches  for  which  a  certificate  of  approval  shall 
not  have  been  issued.    (Amend.  May  25,  1915.) 

4.  Packing.    Not  more  than  1,000  matches  shall  be  placed  in  a 
single  box  or  container;  and  where  more  than  200  matches  are  placed 
in  a  single  box  or  container  they  shall  be  arranged  in  layers,  with 
the  heads  of  alternate  layers  pointing  in  the  opposite  direction  to  the 
heads  of  the  matches  in  the  layer  immediately  above  and  below. 

5.  Serial  number.    (Repealed,  May  25,  1915.) 

§  103.  White  phosphorus. — No  person  shall  manufacture,  trans- 
port, store  or  sell  any  matches  in  the  manufacture  of  whicn  white 
phosphorus  is  an  ingredient. 

ARTICLE  8 

MINERAL   OILS 

Sec.  110.  Refining,  distilling  or  manufacturing. 

111.  Storage  plants. 

112.  Limited  storage. 

113.  Transportation  and  delivery. 

114.  Volatile  inflammable  oils. 

115.  Illuminating  oils. 

116.  Lubricating  oils. 

117.  Fire  prevention. 

Sec.  110.  Refining,  distilling  or  manufacturing. — Except  as  other- 
wise provided,  no  person  shall  manufacture,  refine  or  distill  petro- 
leum, shale  oil  or  coal  tar,  or  the  liquid  products  thereof,  or  store, 
transport  or  use  any  of  the  foregoing  without  a  permit;  but  no  per- 
mit shall  hereafter  be  issued  for  the  erection  and  operation  of  any 
new  plant  of  a  similar  character,  except  that  hydro-carbon  materials 
collected  from  oil  separators  may  be  distilled  or  refined  under  a  special 
permit.  (Amend.  July  16,  1915.) 

§  111.  Storage  plants.  1.  Permit  required. — No  person  shall  main- 
tain or  conduct  a  plant  for  the  storage  of  petroleum  or  shale  oil,  or 
the  liquid  products  thereof,  or  of  coal  tar  without  a  permit. 

2.  Barges.  A  special  permit  may  be  issued  authorizing  the  storage 
of  petroleum  and  shale  oil,  and  the  liquid  products  thereof,  and  of 
oo;tl  tar,  in  barges  of  steel  or  other  approved  construction,  in  quan- 
tities not  to  exceed  the  following: 

(a)  Volatile  inflammable  oils — If  in  barrels  or  drums,  500  barreli 
of  55  gallons  each;  if  in  cans,  5,000  gallons; 


292  CODE    OF    ORDINANCES    OF   THE    CITY    OF   NEW    YORK 

(b)  Other  oils — If  in  barrels  or  drums,  1,000  barrels  of  55  gallons 
each;  if  in  cans,  10,000  gallons; 

3.  Boat  supplies.     Wherever  the  physical  conditions  along  the 
shore  front  are  such  as  to  make  it  impracticable  to  place  under- 
ground a  storage  tank  for  the  storage  of  volatile  inflammable  oils, 
to  be  delivered  to  launches  and  other  vessels  for  generating  motive ' 
power,  a  special  permit  may  be  issued  authorizing  the  storage  of 
such  oils  in  a  tank  above  ground  in  a  quantity  not  to  exceed  10,000 
gallons;  provided  that  such  oils  shall  be  conveyed  from  the  storage 
tank  to  the  tanks  of  vessels  directly  by  a  pipe  line,  or  by  approved 
portable  tank,  or  approved  safety  cans.     (Amend.  Dec.  26,  1916.) 

4.  Drums  or  barrels.    A  special  permit  may  be  issued  authorizing 
the  storage  of  volatile  inflammable  oils  in  steel  drums  or  barrels 
in  a  specially  constructed  pit  of  concrete,  the  bottom  of  which  shall 
be  at  least  3  feet  below  the  ground  level.    The  quantity  of  such  oils 
so  stored  shall  not  exceed  500  barrels  of  55  gallons  each. 

5.  Tanks.    All  storage  tanks  comprising  or  forming  a  part  of  an 
oil  storage  plant  shall  be  buried  so  that  the  tops  thereof  shall  be  at 
least  two  feet  below  the  grade  level. 

In  localities  where  physical  conditions  make  it  impracticable  to 
place  tanks  underground,  the  fire  commissioner  may  authorize  the 
tanks  of  an  oil  storage  plant  to  be  placed  above  ground.  In  such 
cases  the  maximum  capacity  of  each  tank  above  ground  containing 
volatile  inflammable  oil  shall  be  fixed  by  the  following  schedule,  viz. : 
If  distant  25  feet  from  line  of  adjoining  property  which 

may  be  built  upon 8,000  gals. 

If  distant  30  feet 12,000  gals. 

If  distant  40  feet 18,000  gals. 

If  distant  50  feet 24,000  gals. 

If  distant  60  feet 30,000  gals. 

If  distant  75  feet 48,000  gals. 

If  distant  85  feet 75,000  gals. 

If  distant  100  feet 100,000  gals. 

At  storage  plants  where  the  tanks  are  above  ground  the  maximum 
capacity  of  each  tank  containing  kerosene  or  fuel  oil  may  be  deter- 
mined by  doubling  the  above  capacities,  but  in  no  case  shall  any  tank 
have  a  capacity  greater  than  100,000  gallons.  At  all  storage  plants 
all  tanks  above  ground,  including  those  containing  volatile  inflam- 
mable oil,  the  filling  tanks,  if  any,  and  also  tanks  containing  kerosene, 
shall  be  surrounded  by  a  wall  of  concrete,  forming  an  enclosure  ca- 
pable of  holding  the  entire  contents  of  the  group  of  tanks  enclosed 
therein  should  any  tank  become  disrupted.  The  total  capacity  of 
any  such  group  shall  not  exceed  250,000  gallons.  To  facilitate  the 
filling,  at  oil  storage  plants  of  steel  barrels  or  drums,  with  volatile 
inflammable  oils,  and  kerosene,  or  to  fill  horse-drawn  tank  wagons  as 
conditionally  allowed  in  this  chapter,  there  may  be  installed  as 
part  of  a  storage  plant  not  more  than  3  filling  tanks,  each  of  a  capacity 
of  not  more  than  4,200  gallons,  elevated  on  brick,  concrete  or  steel 
piers,  to  contain  naphtha,  gasoline  and  kerosene,  respectively;  and 
all  oils  remaining  in  the  filling  tanks  at  the  end  of  each  day  shall  be 
at  once  returned  to  the  storage  tanks  proper.  The  buried  tanks 
of  an  oil  storage  system  shall  be  separated  from  each  other  by  not 
less  than  one  foot  of  solid  concrete,  well  tamped  into  place.  All 


EXPLOSIVES  AND  HAZARDOUS  TRADES  293 

tanks  of  an  oil  storage  system  shall  be  so  connected  with  each  other 
by  a  system  of  underground  pipes  that  the  contents  of  each  tank 
can  be  transferred  to  any  other  tank  at  will,  and  all  other  details  of 
the  installation  shall  be  as  directed  by  the  fire  commissioner  in  each 
particular  case.  At  all  storage  plants  each  tank,  including  the  filling 
tank,  if  any,  shall  be  equipped  with  a  fire  extinguishing  system  satis- 
factory to  the  fire  commissioner.  Each  oil  storage  system  shall  have 
a  direct  telegraphic  communication  with  fire  headquarters.  All 
tanks,  as  to  thickness  and  quality  of  material,  hydrostatic  pressure 
test,  foundations,  connections,  fire  protection  and  extinguishing 
system  and  all  other  details  of  installation  must  be  according  to 
plans  first  approved  by  the  fire  commissioner.  No  tank  forming  part 
of  a  buried  oil  storage  system  shall  be  covered  from  sight  until  after 
an  inspection  has  been  made  by  the  fire  department  and  written 
approval  has  been  given;  which  approval  shall  be  given  without 
charge,  provided  all  the  regulations  have  been  complied  with. 
(Amend.  July  16,  1915.) 

6.  Repealed.    Ord.  July  16,  1915. 

7.  Sewer  protection.    No  person  shall  connect  an  oil  storage  plant 
with  any  public  drain  or  sewer,  nor  permit  any  liquid  product  of 
petroleum  to  escape  into  any  such  drain  or  sewer. 

8.  Supervision.     A  plant  for  the  storage,  manufacture,  refining 
or  distilling  of  petroleum,  shale  oil  or  coal  tar  or  any  liquid  product 
thereof,  shall  be  continuously  under  the  care  and  supervision  of  one 
or  more  persons  each  holding  a  certificate  of  fitness  as  manager  or 
superintendent  thereof.     The  number  of  persons  required  to  hold 
such  certificates  shall  be  determined  by  the  fire  commissioner  and 
stated  in  the  permit,  but  in  no  case  shall  there  be  required  more 
than  three.    (Amend.  July  16,  1915.) 

§  112.  Limited  storage.  1.  Permit. — Permits  may  be  issued  for 
the  storage  of  petroleum  and  shale  oil,  and  the  liquid  products  thereof, 
and  of  coal  tar,  in  a  manner  satisfactory  to  the  fire  commissioner,  in 
buildings  or  premises  other  than  storage  plants,  in  quantities  not  to 
exceed  the  following: 

(a)  Volatile  inflammable  oils — 550  gallons. 

(b)  Other  oils  that  do  not  emit  an  inflammable  vapor  at  a  tem- 
perature below  100  degrees  F.  when  tested  in  a  Tagliabue  open  cup 
tester— 1,100  gallons. 

2.  Restrictions.  No  permit  shall  be  issued  for  the  storage  or  sale 
of  volatile  inflammable  oil  in  any  building: 

(a)  Which  is  occupied  as  a  tenement  house,  dwelling,  school  or 
place  of  public  amusement  or  assembly; 

(b)  Where  explosives  are  stored  or  kept  for  sale  or  use; 

(c)  Where  dry  goods,  or  other  material  of  a  highly  inflammable 
nature  are  manufactured,  stored  or  kept  for  sale; 

(d)  Where  the  portion  of  the  building  occupied  or  used  for  the 
storage  of  volatile  inflammable  oil  is  lighted  by  any  means  other  than 
electricity; 

(e)  Upon  any  floor  above  the  ground  floor  of  a  building,  except 
in  an  approved  safety  can  in  quantities  of  five  gallons  or  less  and 
for  use  only.    (Amend.  July  16,  1915.) 

§  113.  Transportation  and  delivery.  1.  Permit. — Except  as  other- 
wise provided  in  this  chapter,  no  person  shall  transport,  store, 


294  CODE   OF  ORDINANCES  OP  THE   CITY   OF  NEW  YORK 

sell,  deliver  or  use  within  the  city  any  petroleum  or  shale  oil,  or  the 
liquid  products  of  either,  or  of  coal  tar,  without  a  permit.  (Amend. 
July  16,  1915.) 

2.  Containers.  Petroleum  and  shale  oil,  and  the  liquid  products 
thereof,  and  of  coal  tar,  except  volatile  inflammable  oils,  may  be 
transported  in  the  following-named  containers: 

(a)  In  tank  cars  or  through  supply  pipes; 

(b)  In  steel,  iron  or  wooden  barrels  or  drums  of  a  capacity  not 
exceeding  55  gallons  each; 

(c)  In  cans  of  a  capacity  not  exceeding  10  gallons  each,  made  of  at 
least  No.  25  B.  W.  G.  tin  or  terne  plate,  packed  in  substantial  wooden 


3.  Tank  wagons.  No  person  shall  transport  petroleum  or  shale  oil, 
or  the  liquid  product  of  either  thereof,  or  of  coal  tar,  in  a  tank  wagon, 
unless  it  be  of  a  type  for  which  a  certificate  of  approval  shall  have 
been  issued;  provided,  however,  that  a  certificate  of  approval  of  a 
type  or  kind  of  tank  wagon  issued  under  this  section  to  a  given  per- 
son shall  not  be  construed  as  an  approval  of  a  similar  type  or  kind  of 
tank  wagon  owned,  operated  or  used  by  another  person.  The  tank  of 
such  a  wagon  shall  be  constructed  of  iron  or  steel  not  less  than  Vs  of 
an  inch  thick  for  the  top  plates  and  3/ie  of  an  inch  for  the  bottom 
plates;  and  shall  be  equipped  with  faucets,  which  shall  be  kept  locked 
when  not  in  use.  The  capacity  of  the  tank  wagon  shall  not  exceed 
35  barrels  of  55  gallons  each.  Each  such  wagon  shall  have  painted 
on  both  sides  thereof  in  letters  not  less  than  3  inches  high,  the  name 
of  the  person  operating  it,  and  the  number  of  the  certificate  of  ap- 
proval. 

§  114.  Volatile  inflammable  oils.  1.  Report  of  sales. — Each  vender 
of  volatile  inflammable  oil  shall  render  to  the  fire  commissioner,  on 
or  before  the  tenth  day  of  each  month,  a  statement,  verified  as  to  its 
correctness  by  an  affidavit,  showing  the  total  quantity  of  volatile 
inflammable  oil  in  excess  of  5  gallons  delivered  to  each  purchaser 
in  the  city  during  the  preceding  month;  provided,  however,  that  no 
report  shall  be  required  of  volatile  inflammable  oil  delivered  directly 
to  the  fuel  tanks  of  motor  vehicles,  motorcycles,  motor  tricycles, 
motor  boats,  airships,  aeroplanes  and  other  similar  craft  and  ves- 
sels. 

2.  Retail  saks.    No  person  shall  sell  or  deliver  volatile  inflamma- 
ble oil,  in  quantities  exceeding  1  gallon,  unless  the  purchaser  thereof 
holds  a  permit  for  the  transportation,  storage,  sale  or  use  of  said  oil; 
provided,  that  nothing  contained  in  this  chapter  shall  be  construed  as 
requiring  a  permit  for  the  storage  of  volatile  inflammable  oil  in  the 
tanks  of  motor  vehicles,  motor  tricycles,  motorcycles,  motor  boats, 
airships,  aeroplanes,  or  other  similar  craft  or  vehicles,  for  use  as  fuel 
for  generating  motive  power;  and  provided  further  that  no  permit 
shall  be  required  for  the  transportation,  storage  or  use  of  volatile 
inflammable  oil  in  quantities  not  exceeding  1  gallon. 

3.  Rural  delivery.     By  a  special  permit,  the  delivery  of  volatile 
inflammable  oils  may  be  authorized  to  be  made  by  tank  wagons  to 
points  in  the  sparsely  populated  districts  of  the  city,  provided  the 
entire  tank  load  is  delivered  at  one  time  and  place.    The  permit  shall 
in  such  cases  specify  the  route  to  be  followed  in  making  the  delivery. 

4.  Transportation.     Except  as  otherwise  provided  in  this  section, 


EXPLOSIVES  AND  HAZARDOUS  TRADES  295 

volatile  inflammable  oil  may  be  transported  only  in  the  following 
containers: 

(a)  Cans  of  a  capacity  not  to  exceed  5  gallons  each,  having  plainly 
marked     thereon    the    words    "DANGEROUS— KEEP    FROM 
FLAME,"  and  being  equipped  with  a  metal  seal,  so  arranged  that 
there  shall  be  no  outlet  for  the  oil  unless  the  seal  is  broken; 

(b)  Glass  bottles  of  a  capacity  not  exceeding  4  ounces  each,  labeled 
DANGEROUS— Keep  from   Flame; 

(c)  Steel  barrels  or  arums  of  a  capacity  not  exceeding  55  gals,  each, 
having  plainly  marked  thereon  the  word  DANGEROUS. 

(d)  Volatile  inflammable  oil  drawn  from  an  approved  storage  sys- 
tem on  the  premises,  and  intended  for  further  manufacture  or  use, 
may  be  transported  for  such  use  in  approved  safety  cans  of  a  ca- 
pacity not  greater  than  five  gallons.     (Amend.  July  16,  1915.) 

5.  Use  and  storage. — Printers,  lithographers  and  similar  users  of 
volatile  inflammable  oil  shall  be  required  to  keep  their  supply  of 
such  oil  in  approved  safety  cans  or  buried  storage  tanks. 

Limited  permits  may  be  issued  by  the  fire  commissioner  for  periods 
of  less  than  one  year,  authorizing  the  storage  and  use  of  volatile  in- 
flammable oil,  kerosene  or  fuel  oil  in  streets,  sidewalks,  avenues  and 
highways,  or  in  a  building  under  construction,  when  needed  in  con- 
nection with  authorized  building  operations  or  street  improvements, 
when  such  material  is  enclosed  in  an  approved  metal  container,  and, 
if  in  quantities  greater  than  ten  gallons  is  surrounded  by  an  enclosure 
satisfactory  to  the  fire  commissioner,  constructed  of  corrugated  iron 
or  other  fire  retarding  materials,  the  same  to  be  kept  securely  locked 
when  not  in  actual  use.  (New  Ord.  July  16,  1915.) 

§  115.  Illuminating  oils.  1.  Permit. — No  person  shall  store  and 
sell  kerosene  or  other  illuminating  oils  without  a  permit  from  the 
fire  commissioner;  but  no  permit  shall  be  required  where  the  quantity 
transported  or  used  does  not  exceed  10  gallons. 

2.  Empty   barrels.     All    barrels,    cans    and    other   containers   of 
liquid  products  of  petroleum,  coal  tar  or  shale  oil  shall  be  removed 
from  all  premises  other  than  storage  plants  within  twenty-four 
hours  after  being  emptied.     (Amend.  July  16,  1915.) 

3.  Test.     No  person  shall  sell  or  offer  for  sale  any  kerosene  or 
other  illuminating  oil  which  will  emit  an  inflammable  vapor  at  a 
temperature  lower  than  100  degrees  F.  when  tested  in  a  Tagliabue 
open  cup  tester.     (Amend.  July  16,  1915.) 

§  116.  Lubricating  oils.  No  permit  shall  be  required  for  the 
transportation,  storage,  sale  or  use  of  machine,  lubricating  or  other 
heavy  oils  in  quantities  not  exceeding  70  gallons. 

§  117.  Fire  prevention.  The  floors  of  each  store  and  premises 
covered  by  a  permit  issued  under  this  article  shall  be  kept  free  and 
clear  of  waste  paper  and  other  inflammable  material,  and  shall  be 
provided  with  self-closing  metal  cans  for  keeping  sawdust  or  cotton 
waste  for  cleaning  purposes,  and  also  with  a  number  of  buckets 
filled  with  sand  for  use  in  extinguishing  fire;  the  number  of  buckets  to 
be  so  kept  shall  be  stated  in  the  permit. 


296  CODE    OF   ORDINANCES   OP  THE   CITY   OF  NEW   YORK 

ARTICLE  9 

INFLAMMABLE    MIXTURES 

Sec.  130.  Permit. 

§  131.  Manufacture. 

§  132.  Transportation,  storage  and  sale. 

Sec.  130.  Permit. — Except  as  otherwise  provided  in  this  chapter, 
no  person  shall  manufacture,  transport,  store  or  sell  any  inflammable 
mixture  without  a  permit,  and  no  such  permit  shall  be  granted  for  any 
inflammable  mixture  which  contains  volatile  inflammable  oil  in 
excess  of  80%  of  its  total  bulk,  or  which  shall  be  for  use  as  a.  stove 
polish  or  insecticide. 

§  131.  Manufacture,  1.  Certificate  of  approval. — No  system  for 
the  storage  of  volatile  inflammable  oils  shall  be  installed  in  any 
building  used  for  the  manufacture  of  inflammable  mixtures  unless 
it  be  of  a  type  for  which  a  certificate  of  approval  shall  have  been 
issued. 

2.  Restrictions.     No  permit  for  the  manufacture  of  inflammable 
mixtures  shall  be  issued  for  any  building — 

(a)  Which  is  situated  within  50  feet  of  the  nearest  wall  of  any 
building  occupied  as  a  school,  hospital,  theatre  or  other  place  of 
public  amusement  or  assembly; 

(b)  Which  is  occupied  as  a  tenement  house,  dwelling  or  hotel; 

(c)  Which  is  of  wooden  construction; 

(d)  Which  is  artificially  lighted  by  any  means  other  than  elec- 
tricity; 

(e)  Where  drugs,  cigars,  cigarettes  or  tobaccos  are  kept  for  sale; 

(f)  Where  drygoods  or  other  materials  of  a  highly  inflammable 
nature  are  manufactured,  stored  or  sold; 

(g)  .Where  matches,  rosin,  hemp,  cotton  or  any  explosives  are 
stored  or  sold. 

3.  Containers.     Inflammable  mixtures  shall  be  put  up  only  in 
glass  bottles  of  a  capacity  not  exceeding  four  ounces  each,  or  in 
metal  cans  of  a  capacity  not  exceeding  one  gallon  each,  fitted  with  a 
screw  top  so  made  that  the  can  will  be  airtight  when  closed,  and 
each  such  bottle  or  can  shall  bear  the  name  and  address  of  the  manu- 
facturer, the  number  of  his  original  permit,  or  the  number  of  his 
certificate  of  approval,  and,  in  large  letters,  the  words  CAUTION; 
INFLAMMABLE  MIXTURE.    DO  NOT  USE  NEAR  FIRE  OR 
FLAME.     (Amend.) 

4.  Deliveries.    All  deliveries  of  volatile  inflammable  oils  to  a 
building  used  for  the  manufacture  of  inflammable  mixtures  shall 
be  made  directly  to  the  storage  tank  through  the  filling  pipe  by 
means  of  a  hose  coupled  to  the  barrel  containing  the  oil  and  con- 
nected to  the  intake  as  provided  for  in  these  regulations;  no  barrel 
containing  volatile  inflammable  oil  shall  be  taken  off  the  wagon 
delivering  such  oil;  no  wagon  or  other  vehicle  engaged  in  the  delivery 
of  volatile  inflammable  oil  shall  be  admitted  to  or  taken  within  a 
building  or  any  portion  thereof,  and  no  person  shall  deliver  or  re- 
ceive within  a  building  any  volatile  inflammable  oil  in  a  barrel  or 
other  similar  receptacle,  nor  keep  or  store  in  a  building  any  barrel 


EXPLOSIVES  AND  HAZARDOUS  TRADES  297 

or  other  similar  receptacle  from  which  volatile  inflammable  oil  has 
been  drawn.     (Amend.  May  25,  1915.) 

5.  Drawing-off  pipe.     The  drawing-off  pipe  shall  be  encased  in 
and  surrounded  by  either  4  inches  of  portland  cement,  concrete 
or  8  inches  of  brick  masonry  up  to  the  level  of  the  floor  on  which 
the  compartment  containing  the  mixing  tank  is  located. 

6.  Filling  pipe.     The  filling  pipe  shall  be  at  least  2  inches  in  diam- 
eter and  shall  be  laid  at  a  descending  grade  from  the  sidewalk  in 
front  of  the  building  to  the  tank.    The  intake  of  a  filling  pipe  shall 
be  located  in  a  heavy  metal  box,  which  shall  be  sunk  flush  with  the 
sidewalk  at  the  curb  level  or  at  some  other  location  offering  equal 
facilities  for  the  filling  of  the  tank  from  a  barrel  wagon  and  fitted 
with  a  heavy  metal  cover,  and  shall  be  kept  locked  when  not  in  use. 
The  filling  pipe  shall  be  closed  at  the  intake  by  a  cock  or  valve  fitted 
with  a  coupling  for  attaching  to  the  hose  of  a  barrel  wagon,  and 
with  a  screw  cap  to  close  the  opening  when  not  in  use.    The  filling 
pipe  shall  be  provided  with  a  screen  made  of  2  thicknesses  of  20- 
mesh  brass  wire  gauze  placed  immediately  below  the  filling  cock  or 
valve.    (Amend.  May  25,  1915.) 

7.  Lighting.     No   system    of   artificial   lighting   other   than    in- 
candescent electric  lights  shall  be  installed  in  any  premises  used  for 
the  manufacture  of  inflammable  mixtures  unless  of  a  type  for  which 
a  certificate  of  approval  shall  have  been  issued.    All  incandescent 
electric  lights  shall  be  fitted  with  keyless  sockets  and  all  electric 
switches  and  plugs  shall  be  placed  at  least  4  feet  above  the  floor. 
(Amend.  May  25,  1915.) 

8.  Mixing  tank.    The  mixing  tank  shall  be  located  in  a  separate 
compartment  built  upon  suitable  foundations,  having  the  walls,  floor 
and  roof  constructed  of  portland  cement  concrete  at  least  6  inches 
thick,  or  of  brick  masonry  at  least  8  inches  thick,  the  brick  to  be 
laid  in  and  covered  by  portland  cement  mortar.    Each  such  tank 
shall  be  filled  either  by  means  of  a  pump  or  an  approved  pressure 
system,  and  the  tank  shall  be  kept  closed  except  when  the  ingredients 
entering  into  the  manufacture  of  the  inflammable  mixture  are  being 
placed  therein.     Each  compartment  wherein  a  mixing  tank  is  lo- 
cated shall  be  equipped  with  self-closing  fire-proof  doors  and  win- 
dows. 

9.  Piping,  generally.     Each  storage  tank  shall  be  provided  with  a 
filling  pipe,  a  drawing-off  pipe  and  a  vent  pipe;  provided,  that  tanks 
installed  as  part  of  an  hydraulic  storage  system  shall  not  be  required 
to  have  a  vent  pipe.    All  pipes  shall  be  of  galvanized  wrought  iron, 
with  malleable  iron  fittings.    All  screw  joints  shall  be  made  with 
litharge  and  glycerine. 

10.  Sewer  protection.     No  piping  of  any  kind  shall  be  allowed  to 
connect  a  compartment  wherein  a  mixing  tank  is  located  with  any 
public  drain  or  sewer;  and  all  silt  or  sediment  left  in  the  mixing  tank 
shall  be  placed  in  airtight  metal  containers  and  immediately  removed 
from  the  premises. 

1 1 .  Storage  system.     No  permit  shall  be  issued  for  the  manufacture 
of  inflammable  mixtures  in  any  premises  which  are  not  equipped 
with  an  approved  storage  system  for  containing  and  handling  all 
volatile  inflammable  oils  used  in  such  manufacture. 

12.  Supervision.     All  premises  use  1  for  the  manufacture  of  in- 


298  CODE   OP   ORDINANCES  OP  THE   CITY  OP  NEW  YORK 

flammable  mixtures  shall  be  under  the  care  and  supervision  of  one 
or  more  persons,  each  holding  a  certificate  of  fitness  as  superin- 
tendent or  manager  thereof.  The  number  of  persons  required  to 
hold  such  certificates  shall  be  determined  by  the  fire  commissioner 
and  stated  in  the  permit  but  in  no  case  shall  there  be  required  more 
than  three.  (Amend.  May  25,  1915.) 

13.  Tanks.    Each  tank  used  for  the  storage  of  volatile  inflamma- 
ble oil  shall  be: 

(a)  Constructed  of  steel  at  least  M  of  an  inch  in  thickness,  shall 
have  a  capacity  of  not  more  than  1,500  gallons,  and  shall,  under 
test,  stand  a  hydrostatic  pressure  of  at  least  100  pounds  to  the 
square  inch. 

(b)  Coated  on  the  outside  with  tar  or  other  rust  resisting  material, 
shall  be  set  on  a  solid  foundation,  and  shall  be  imbedded  in  and 
surrounded  by  at  least  12  inches  of  Portland  cement  concrete,  com- 
posed of  2  parts  of  cement,  3  parts  of  sand  and  5  parts  of  stone. 

(c)  So  set  that  the  top  or  highest  point  thereof  shall  be  at  least  2 
feet  below  the  level  of  the  lowest  cellar  floor  of  any  building  within 
a  radius  of  10  feet  from  the  tank,  and  no  tank  for  the  storage  of 
volatile  inflammable  oil  shall  be  located  under  the  sidewalk  or  be- 
yond the  building  line. 

(d)  No  tank  forming  part  of  a  buried  oil  storage  system  shall  be 
covered  from  sight  until  after  an  inspection  has  been  made  by  the 
fire  department,  and  written  approval  has  been  given;  which  ap- 
proval shall  be  given  without  charge  provided  all  the  regulations 
nave  been  complied  with.    (Amend.  May  25,  1915.) 

14.  Vent  pipe.    The  vent  pipe  shall  be  at  least  1  inch  in  diameter, 
shall  run  from  the  tank  to  the  outer  air  at  least  10  feet  above  the 
roof  of  the  building  in  which  the  plant  is  located  and  shall  be  at 
least  10  feet  from  the  nearest  window  of  any  adjoining  building,  and 
well  braced  hi  position.     It  shall  be  capped  with  a  double  goose- 
neck, cowl  or  hood,  and  provided  with  a  screen  made  of  two  thick- 
nesses of  20-mesh  brass  wire  gauze,  placed  immediately  below  the 
goose-neck.    (Amend.  May,  1915.) 

15.  Ventilating  flue.    Each  compartment  wherein  a  mixing  tank 
is  located  shall  be  equipped  with  a  ventilating  flue,  constructed  of 
brick  or  concrete,  lined  with  tile  pipe  at  least  8  inches  square,  in- 
side measurement,  and  extending  from  the  floor  of  the  compartment 
at  a  point  opposite  the  door  to  at  least  6  feet  above  the  highest 
point  of  the  roof,  and  at  least  10  feet  from  the  nearest  wall  of  any 
adjoining  building.    Such  flue  shall  have  an  opening  into  the  mixing 
compartment  6  inches  square,  3  inches  above  the  floor,  and  shall 
be  equipped  with  a  double  goose-neck  8  inches  square,  made  of  at 
least  18-gauge  galvanized  iron.    All  openings  to  be  covered  with 
20-mesh  brass  wire  screens. 

16.  Fire  prevention.     No  stove,  forge,  torch,  or  other  device  em- 
ploying flame  or  fire,  nor  any  electric  or  other  apparatus  which  is 
likely  to  produce  an  exposed  spark,  shall  be  allowed  in  any  building 
used  for  the  manufacture  of  inflammable  mixtures,  unless  it  be  placed 
in  a  room  or  compartment  separated  from  the  remainder  of  the 
building  by  a  partition  constructed  of  fire  retarding  material  and 
provided  with  a  self-closing  fireproof  door;  provided,  however,  that 
electric  motors  may  be  of  the  fully  enclosed  type  or  provided  with 


I 


EXPLOSIVES  AND  HAZARDOUS  TRADES  299 

an  approved  type  "A"  (fire  department  specifications)  motor  en- 
closure; the  terminal  blocks  also  shall  be  protected.  No  boiler  or 
furnace  shall  be  located  in  any  such  building  unless  separated  from 
the  remainder  of  the  building  by  an  unpierced  fireproof  wall,  con- 
sisting of  solid  masonry  or  its  equivalent,  of  at  least  8  inches  in  thick- 
ness; provided,  however,  that  where  the  construction  of  such  un- 
pierced wall  shall  be  impracticable,  the  fire  commissioner  may  permit 
such  openings  in  such  wall  as  may  be  necessary,  and  prescribe  such 
protection  therefor  as  in  his  judgment  the  particular  case  shall  re- 

r're.  Premises  used  for  the  manufacture  of  inflammable  mixtures 
11  be  equipped  with  fire  buckets  filled  with  sand  and  kept  on  each 
floor  for  use  in  extinguishing  fire.  The  number  of  buckets  and  the 
quantity  of  sand  to  be  kept  shall  be  determined  by  the  commissioner 
and  stated  in  the  permit.  (Amend.  May  25,  1915.) 

17.  Containers  or  devices.  Proper  containers  or  devices  to  pre- 
vent or  extinguish  fire  may  be  prescribed  by  the  fire  commissioner, 
who  may  issue  certificates  of  approval  for  such  devices.  (New 
Ord.  May  25,  1915.) 

§  132.  Transportation,  storage  and  sale.  1.  Permit. — No  person 
shall  store  or  keep  for  sale  any  inflammable  mixtures,  in  quantities 
aggregating  more  than  5  gallons,  without  a  permit. 

2.  Certificate  of  approval.  No  person  shall  transport  or  sell  an 
inflammable  mixture,  unless  a  certificate  of  approval  therefor  shall 
have  been  issued;  but  no  such  certificate  shall  be  required  for  in- 
flammable mixtures  for  which  a  permit  to  manufacture  shall  have 
been  issued.  (As  amended.) 

ARTICLE  10 

COMBUSTIBLE   MIXTURES 

Sec.  140.  Permit. 

§  141.  Manufacture. 

§  142.  Transportation,  storage  and  sale. 

Sec.  140.  Permit. — Except  as  otherwise  provided  in  this  chapter, 
no  person  shall  manufacture,  transport,  store  or  sell  any  combustible 
mixture  without  a  permit,  but  no  permit  for  the  manufacture  of 
combustible  mixtures  shall  be  required  of  a  person  holding  a  permit 
for  the  manufacture  of  inflammable  mixtures  issued  in  conformity 
with  article  9  of  this  chapter. 

§141.  Manufacture.^  1.  Restrictions. — No  such  permit  shall  be 
issued  for  manufacturing  of  combustible  mixtures  in  any  building 
within  the  restrictions  of  subdivision  2  of  §  131  of  this  chapter. 

2.  Containers.  Combustible  mixtures  may  be  put  up  only  in  glass 
bottles  of  a  capacity  not  exceeding  4  ounces  each,  or  in  cans  of  a 
capacity  not  exceeding  1  gallon  each,  fitted  with  a  screw  top  so  made 
that  the  can  shall  be  airtight  when  closed.  Each  can  or  bottle  con- 
taining a  combustible  mixture  shall  bear  a  label  giving  the  name  and 
address  of  the  manufacturer,  the  number  of  his  original  permit  or  of 
his  certificate  of  approval,  and,  in  large  letters,  the  words  CAU- 
TION—COMBUSTIBLE MIXTURE.  (As  amended.) 

§142.  Transportation,  storage  and  sale.  1.  Certificate  of  approval. — 
No  person  shall  transport,  store  or  sell  any  combustible  mixture 


300  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

unless  a  certificate  of  approval  therefor  shall  have  been  issued, 
but  no  such  certificate  shall  be  required  for  combustible  mixtures 
for  the  manufacture  of  which  a  permit  has  been  issued. 

2.  Exemptions.  No  permit  for  the  storage  and  sale  at  retail  of 
combustible  mixtures  shall  be  required  of  a  person  holding  a  permit 
for  the  storage  and  sale  at  retail  of  inflammable  mixtures,  issued  in 
accordance  with  the  provisions  of  article  9  of  this  chapter.  No  per- 
mit shall  be  required  for  the  storage  and  sale  at  retail  of  combustible 
mixtures  in  quantities  aggregating  not  more  than  10  gallons. 


ARTICLE  11 

GARAGES 

Sec.  150.  Permit. 

§  151.  Storage  garages. 
§  152.  Construction. 
§  153.  Certificates  of  fitness. 

§  154.  Garages  in  buildings  having  dwelling  occupancies — when 
permitted. 

155.  Oil  separators. 

156.  Storage  system. 

157.  Supplying  vehicles. 

158.  Lighting. 

159.  Fire-prevention. 

160.  Oil  selling  stations. 

Sec.  150.  Permit.  1.  Permit  required. — No  person  shall  store,  house 
or  keep  any  motor  vehicle  other  than  one  the  fuel  storage  tank  of 
which  is  empty,  except  in  a  building,  shed  or  enclosure  for  which  a 
garage  permit  shall  have  been  issued. 

2.  Exemptions.  No  permit,  however,  shall  be  required  for  the 
maintenance  outside  of  the  fire  limits,  of  a  garage  in  which  motor 
vehicles,  which  are  not  for  sale,  rent  or  hire,  or  subject  to  charges 
for  storage,  or  used  exclusively  for  business  purposes,  are  stored, 
housed  or  kept.  (Amend.  Aug.  8,  1916.) 

§  151.  Storage  garages.  No  permit  for  a  storage  garage  shall  be  is- 
sued for  any  building,  shed  or  enclosure — 

(a)  Which  is  occupied  as  a  tenement  house,  hotel  or  lodging  house; 

(b)  Where  paints,  varnishes  or  lacquers  are  manufactured  or  kept 
for  sale; 

(c)  Where  dry  goods  or  other  highly  inflammable  materials  are 
manufactured  or  kept  for  sale; 

(d)  Where  rosin,  turpentine,  hemp,  cotton  or  any  explosives  are 
stored  or  kept  for  sale; 

(e)  Which  is  situated  within  twenty  feet  of  the  nearest  wall  of  a 
building  occupied  as  a  school,  theatre  or  other  place  of  public  amuse- 
ment or  assembly,  provided,  however,  that  renewals  of  permits  may 
be  granted  where  the  garage  in  question  was  in  operation  prior  to 
the  opening  of  the  school,  theatre  or  other  place  of  public  amusement 
or  assembly,  or  has  been  in  continuous  operation  under  a  permit  is- 
sued therefor  prior  to  May  1,  1915,  and  further  provided  that  a 
permit  may  be  issued  for  a  garage  hereafter  erected  within  20  feet 


EXPLOSIVES  AND  HAZARDOUS  TRADES  301 

of  a  building,  the  occupancy  of  which  is  enumerated  in  this  sub- 
division, where  the  garage  has  no  frontage  on  the  same  street  with 
any  frontage  of  such  building,  and  the  wall  or  walls  of  the  garage 
^;n«o».f  fhorotn  *rp  ponstrur.ted  of  brick,  unpierced  for  a  distance  of 

Page  301,  section  152,  was  repealed  by  Ordinance  effective  July  1 
1917. 


ments  _ 

stored. 

2.  Non-fireproof  roofs,  doors  and  windows,  where  permitted.    Gar- 
ages not  exceeding  one  story  in  height  may  have  non-fireproof  roofs 
and  garages  not  exceeding  two  stories  in  height  may  likewise  have 
non-fireproof  roofs,  provided  the  same  are  covered  on  the  inside 
with  approved  fire  retarding  material  in  all  cases  where  motor 
vehicles,  with  volatile  inflammable  oil  in  their  fuel  tanks,  are  stored 
or  kept  on  the  upper  floor.    Window  openings  and  outside  doors  in 
such  garages  removed  at  least  thirty  feet  from  the  nearest  exposure, 
may  be  non-fireproof. 

3.  Non-fireproof  construction,  where  permitted.     Nothing  in  this 
section  shall  prohibit  the  erection  or  the  granting  of  a  permit  for 
a  garage  of  non-fireproof  construction  while  the  following  conditions 
exist: 

(a)  No  volatile  inflammable  oil  is  stored  except  in  the  fuel  tanks 
of  the  motor  vehicles: 

(b)  Fuel  tanks  of  the  motor  vehicles  stored,  are  not  opened,  filled 
or  drawn  from  in  the  garage; 

(c)  Not  more  than  4  motor  vehicles  are  stored; 

(d)  The  garage  is  situated  at  least  15  feet  from   the  nearest 
building,  unless  the  nearest  wall  of  such  building  or  the  wall  of  the 
garage  nearest  such  building  is  of  unpierced  fireproof  construction; 
the  provisions  of  this  sub-division,  however,  to  apply  only  to  garages, 
hereafter  to  be  erected.    (As  amend.  Aug.  8,  1916.) 

4.  Converted  buildings.    The  requirements  herein  stated  for  gar- 
ages hereafter  erected  shall  apply  to  buildings  erected  after  May  1, 
1915,  for  any  purpose,  and  thereafter  converted  for  use  for  garage 
purposes.    (New  Amend.  Aug.  8, 1916.) 

§  4.  Section  153  of  article  11  of  chapter  10  of  the  Code  of  Ordi- 
nances, is  hereby  amended  to  read  as  follows: 

§  153.  Certificate  of  fitness.  Each  storage  garage  containing  more 
than  four  motor  vehicles,  shall  be  continuously  under  the  care  and 
supervision  of  one  or  more  persons,  each  holding  a  certificate  of 
fitness.  The  number  of  persons  to  hold  such  certificates  shall  be 
stated  in  the  permit,  but  in  no  case  shall  there  be  required  more  than 
3  for  any  garage.  (Amend.  Aug.  8.  1916.) 

§  5.  Section  154  of  article  11  of  chapter  10  of  the  Code  of  Ordi- 
nances, is  hereby  amended  to  read  as  follows: 

§  154.  Garages  in  buildings  having  dwelling  occupancies — when 
permitted.  1.  In  buildings  otherwise  occupied. — A  permit  shall  not 
be  issued  for  a  garage  in  a  building  occupied  as  a  dwelling  unless  the 


300  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

unless  a  certificate  of  approval  therefor  shall  have  been  issued, 
but  no  such  certificate  shall  be  required  for  combustible  mixtures 
for  the  manufacture  of  which  a  permit  has  been  issued. 

2.  Exemptions.     No  permit  for  the  storage  and  sale  at  retail  of 
combustible  mivtnyoo  c,v>oii  u • 


• 
GARAGES 

Sec.  150.  Permit. 

§  151.  Storage  garages. 

§  152.  Construction. 

§  153.  Certificates  of  fitness. 

§  154.  Garages  in  buildings  having  dwelling  occupancies — when 

permitted. 

§  155.  Oil  separators. 
§  156.  Storage  system. 
§  157.  Supplying  vehicles. 
§  158.  Lighting. 
§  159.  Fire-prevention. 
§  160.  Oil  selling  stations. 

Sec.  150.  Permit.  1.  Permit  required. — No  person  shall  store,  house 
or  keep  any  motor  vehicle  other  than  one  the  fuel  storage  tank  of 
which  is  empty,  except  in  a  building,  shed  or  enclosure  for  which  a 
garage  permit  shall  have  been  issued. 

2.  Exemptions.  No  permit,  however,  shall  be  required  for  the 
maintenance  outside  of  the  fire  limits,  of  a  garage  in  which  motor 
vehicles,  which  are  not  for  sale,  rent  or  hire,  or  subject  to  charges 
for  storage,  or  used  exclusively  for  business  purposes,  are  stored, 
housed  or  kept.  (Amend.  Aug.  8,  1916.) 

§  151.  Storage  garages.  No  permit  for  a  storage  garage  shall  be  is- 
sued for  any  building,  shed  or  enclosure — 

(a)  Which  is  occupied  as  a  tenement  house,  hotel  or  lodging  house; 

(b)  Where  paints,  varnishes  or  lacquers  are  manufactured  or  kept 
for  sale; 

(c)  Where  dry  goods  or  other  highly  inflammable  materials  are 
manufactured  or  kept  for  sale; 

(d)  Where  rosin,  turpentine,  hemp,  cotton  or  any  explosives  are 
stored  or  kept  for  sale; 

(e)  Which  is  situated  within  twenty  feet  of  the  nearest  wall  of  a 
building  occupied  as  a  school,  theatre  or  other  place  of  public  amuse- 
ment or  assembly,  provided,  however,  that  renewals  of  permits  may 
be  granted  where  the  garage  in  question  was  in  operation  prior  to 
the  opening  of  the  school,  theatre  or  other  place  of  public  amusement 
or  assembly,  or  has  been  in  continuous  operation  under  a  permit  is- 
sued therefor  prior  to  May  1,  1915,  and  further  provided  that  a 
permit  may  be  issued  for  a  garage  hereafter  erected  within  20  feet 


EXPLOSIVES  AND  HAZARDOUS  TRADES  301 

of  a  building,  the  occupancy  of  which  is  enumerated  in  this  sub- 
division, where  the  garage  has  no  frontage  on  the  same  street  with 
any  frontage  of  such  building,  and  the  wall  or  walls  of  the  garage 
adjacent  thereto  are  constructed  of  brick,  unpierced  for  a  distance  of 
at  least  20  feet  therefrom.  (Amend.  Aug.  8,  1916.) 

§  152.  Construction.  1.  General  regulations. — Except  as  herein- 
after provided  in  this  section,  all  garages  hereafter  erected  shall  be 
of  strictly  fireproof  construction  as  to  all  rooms  and  compartments, 
where  motor  vehicles  with  gasoline  in  their  fuel  tanks,  are  stored: 
and  all  garages  heretofore  erected  shall  have  all  walls,  ceilings  and 
floors  covered  with  fire  retarding  material  in  all  rooms  and  compart- 
ments where  motor  vehicles,  with  gasoline  in  their  fuel  tanks,  are 
stored. 

2.  Non-fireproof  roofs,  doors  and  windows,  where  permitted.    Gar- 
ages not  exceeding  one  story  in  height  may  have  non-fireproof  roofs 
and  garages  not  exceeding  two  stories  in  height  may  likewise  have 
non-fireproof  roofs,  provided  the  same  are  covered  on  the  inside 
with  approved  fire  retarding  material  in  all  cases  where  motor 
vehicles,  with  volatile  inflammable  oil  in  their  fuel  tanks,  are  stored 
or  kept  on  the  upper  floor.    Window  openings  and  outside  doors  in 
such  garages  removed  at  least  thirty  feet  from  the  nearest  exposure, 
may  be  non-fireproof. 

3.  Non-fireproof  construction,  where  permitted.     Nothing  in  this 
section  shall  prohibit  the  erection  or  the  granting  of  a  permit  for 
a  garage  of  non-fireproof  construction  while  the  following  conditions 
exist: 

(a)  No  volatile  inflammable  oil  is  stored  except  in  the  fuel  tanks 
of  the  motor  vehicles: 

(b)  Fuel  tanks  of  tne  motor  vehicles  stored,  are  not  opened,  filled 
or  drawn  from  in  the  garage; 

(c)  Not  more  than  4  motor  vehicles  are  stored; 

(d)  The  garage  is  situated  at  least  15  feet  from   the  nearest 
building,  unless  the  nearest  wall  of  such  building  or  the  wall  of  the 
garage  nearest  such  building  is  of  unpierced  fireproof  construction; 
the  provisions  of  this  sub-division,  however,  to  apply  only  to  garages, 
hereafter  to  be  erected.    (As  amend.  Aug.  8,  1916.) 

4.  Converted  buildings.     The  requirements  herein  stated  for  gar- 
ages hereafter  erected  shall  apply  to  buildings  erected  after  May  1, 
1915,  for  any  purpose,  and  thereafter  converted  for  use  for  garage 
purposes.    (New  Amend.  Aug.  8, 1916.) 

§  4.  Section  153  of  article  11  of  chapter  10  of  the  Code  of  Ordi- 
nances, is  hereby  amended  to  read  as  follows: 

§  153.  Certificate  of  fitness.  Each  storage  garage  containing  more 
than  four  motor  vehicles,  shall  be  continuously  under  the  care  and 
supervision  of  one  or  more  persons,  each  holding  a  certificate  of 
fitness.  The  number  of  persons  to  hold  such  certificates  shall  be 
stated  in  the  permit,  but  in  no  case  shall  there  be  required  more  than 
3  for  any  garage.  (Amend.  Aug.  8.  1916.) 

§  5.  Section  154  of  article  11  of  chapter  10  of  the  Code  of  Ordi- 
nances, is  hereby  amended  to  read  as  follows: 

§  154.  Garages  in  buildings  having  dwelling  occupancies — when 
permitted.  1.  In  buildings  otherwise  occupied. — A  permit  shall  not 
be  issued  for  a  garage  in  a  building  occupied  as  a  dwelling  unless  the 


302  CODE   OF  ORDINANCES   OF  THE   CITY   OF  NEW  YORK 

ground  floor  area  of  the  garage  does  not  exceed  5,000  square  feet 
and  unless  the  occupants  be  the  applicant  or  his  employees  or  the 
applicant  and  one  other  tenant,  or  the  applicant's  employee  and  one 
other  tenant,  and  provided  that  not  more  than  two  stories  above  the 
garage  are  occupied  or  used  as  living  apartments,  which  apartments 
shall  be  separated  from  the  garage  by  fire  retarding  walls  and  floors, 
not  pierced  except  by  one  opening,  protected  by  a  fireproof  self- 
closing  door,  and  provided  that  there  shall  be  an  entrance  to  the  liv- 
ing apartments  direct  from  the  street  without  passing  through  the 
garage.  In  case  the  building  is  occupied  by  two  families  and  on  two 
stories  above  the  garage,  a  fire  escape  or  other  secondary  means  of 
escape  must  be  provided  for  each  story  above  the  garage.  (Amend. 
Aug.  8,  1916.) 

2.  Repealed.     Ord.  July  16,  1915. 

§  155.  Oil  separators.  1.  When  required. — No  garage  permit 
authorizing  the  storage  of  volatile  inflammable  oil  shall  be  issued 
for  any  premises,  storing  more  than  4  motor  vehicles,  which  are  not 
provided  with  an  oil  separator,  trap  or  other  similar  apparatus 
attached  to  the  house  drain,  for  the  purpose  of  preventing  volatile 
inflammable  oils  from  flowing  into  the  sewer;  provided,  however, 
that  the  fire  commissioner  may  exempt  from  the  requirements  of 
this  section  a  garage  draining  into  a  short  sewer  line. 

2.  Oil  receptacle.    The  oil  receptacle  of  an  oil  separator  shall  not 
exceed  50  gallons  capacity,  and  shall  be  emptied  as  often  as  may  be 
necessary  to  prevent  the  oil  from  overflowing;  and  such  oils  as  are 
recovered  from  the  separator  shall  be  removed  from  the  garage 
within  24  hours  after  being  taken  from  the  separator. 

3.  Sewer  connection.     Each  oil  separator  shall  be  connected  to 
the  house  drain,  and  shall  be  so  arranged  as  to  separate  all  oils  from 
the  drainage  of  the  garage. 

4.  Waste  oil.    All  oils  spilled  on  the  floor  of  a  garage  shall  be  re- 
moved by  sponging  or  swabbing,  and  poured  into  the  drain  leading 
to  the  oil  separator. 

§  156.  Storage  system.  1.  Tanks. — No  garage  permit  authorizing 
the  storage  of  volatile  inflammable  oil  shall  be  issued  for  any  premises 
which  are  not  equipped  with  an  approved  storage  system  of  sufficient 
capacity  for  the  proper  storage  of  such  oil,  which  shall  be  installed 
in  the  manner  prescribed  in  subdivisions  5.  6,  9,  13  and  14  of  sec- 
tion 131  of  article  9  of  this  chapter;  provided  that  each  tank  shall 
be  embedded  in  and  surrounded  by  at  least  12  inches  of  portland 
cement  concrete,  composed  of  2  parts  of  cement,  3  parts  of  sand 
and  5  parts  of  stone,  except  that  storage  tanks  installed  in  garages 
may  have  a  capacity  not  exceeding  550  gallons  each.  (Amend. 
July  16,  1915.) 

2.  Receiving  supplies.  No  barrel  containing  volatile  inflammable 
oil  shall  be  taken  off  the  wagon  delivering  such  oil  to  a  garage,  but 
the  oil  shall  be  delivered  directly  to  the  storage  tank  through  the 
filling  pipe,  by  means  of  a  hose  coupled  to  the  barrel  containing  the 
oil  and  connected  to  the  intake  provided  for  in  subdivision  6  of  §  131 
of  this  chapter.  No  wagon  or  other  vehicle  engaged  in  the  delivery 
of  volatile  inflammable  oil  shall  be  admitted  to  or  taken  within  a 
garage  or  any  portion  thereof,  and  no  person  shall  deliver  or  receive 
within  a  garage  any  volatile  inflammable  oil  in  a  barrel  or  other 


EXPLOSIVES  AND  HAZARDOUS  TRADES  303 

similar  receptacle,  nor  keep  or  store  in  a  garage  any  barrel  or  other 
similar  receptacle  from  which  volatile  inflammable  oil  has  been 
drawn. 

3.  Approval  of  appliances.  No  storage  tank,  portable  tank,  oil 
separator,  pump  or  other  similar  apparatus  shall  be  installed  in  a 
garage  unless  it  be  of  a  type  for  which  a  certificate  of  approval  shall 
nave  been  issued  by  the  fire  commissioner.  Proper  containers  or 
devices  to  prevent  or  extinguish  fire  may  be  prescribed  by  the  fire 
commissioner,  who  may  issue  certificates  of  approval  therefor. 
(Amend.  July  16,  1915.) 

§  157.  Supplying  vehicles.  1.  Method. — No  person  shall  deliver 
volatile  inflammable  oil  from  a  storage  tank  to  a  motor  vehicle, 
except  by  means  of  an  approved  portable  tank  or  directly  through 
the  outlet  of  the  drawing-off  pipe  by  means  of  an  authorized  hose 
attachment.  All  lights  on  motor  vehicles  except  electric  lights  shall 
be  extinguished  before  volatile  inflammable  oil  is  delivered  to  fuel 
tanks.  (Amend.  July  16,  1915.) 

2.  Portable  tanks.    Each  portable  tank  shall  be  of  a  capacity  not 
exceeding  55  gallons,  and  shall  be  mounted  on  a  substantial  iron 
or  steel  frame,  with  rubber-tired  wheels.    The  oil  shall  be  discharged 
from  the  tank  only  through  a  hose  not  exceeding  16  feet  in  length, 
having  a  shut-off  valve  close  to  the  outlet  or  nozzle. 

3.  Pumps;  basement  service.     No  pump  or  stationary  outlet  for 
delivery  of  volatile  inflammable  oil  in  a  garage  shall  be  allowed  on 
any  floor  below  the  street  level;  and  no  person  shall  deliver  any 
such  oil  to  the  tank  of  a  motor  vehicle  while  on  a  floor  of  the  garage 
below  the  street  level,  unless  such  floor  is  provided  with  adequate 
natural  ventilation.    (Amend.  July  16,  1915.) 

4.  Restrictions.    No  person  shall  sell,  deliver  or  use  volatile  inflam- 
mable oil  in  or  upon  any  premises  covered  by  a  garage  permit  for 
any  purpose  other  than  that  of  filling  the  tanks  of  motor  vehicles, 
motorcycles,  motor  tricycles,  motor  coats,  airships  or  aeroplanes, 
except  that  the  use  of  gasoline  in  gasoline  torches  of  a  capacity  not 
greater  than  1  quart  shall  be  permitted,  but  in  the  repair  department 
only. 

§  158.  Lighting. — No  system  of  artificial  lighting  other  than  in- 
candescent electric  lights  shall  be  installed  in  any  garage,  unless 
of  a  type  for  which  a  certificate  of  approval  shall  have  been  issued. 
All  incandescent  lights  shall  be  fitted  with  keyless  sockets,  and  all 
electric  switches  and  plugs  shall  be  placed  at  least  4  feet  above  the 
garage  floor. 

§  159.  Fire  prevention.  1.  Exposed  flame  or  spark. — No  stove, 
forge,  touch  or  other  device  employing  name  or  fire,  nor  any  electric 
or  other  apparatus  which  is  likely  to  produce  an  exposed  spark, 
except  such  electric  apparatus  as  may  be  placed  five  feet  or  more 
above  a  floor  of  a  garage,  shall  be. allowed  in  any  garage  unless  it  be 
placed  in  a  room  or  compartment  which  is  separated  from  the  garage 
by  a  partition  constructed  of  fire  retarding  material  and  provided 
with  a  self-closing  fireproof  door;  provided,  however,  that  electric 
motors  may  be  of  the  fully  enclosed  type  or  provided  with  an  ap- 
proved type  "A."  (fire  department  specifications)  motor  enclosure; 
the  terminal  blocks  also  shall  be  properly  protected.  No  boiler  or 
furnace  shall  be  located  in  any  garage  unless  separated  from  the  re- 


304  CODE   OP  ORDINANCES   OF   THE    CITY   OF  NEW  YORK 

mainder  of  the  building  by  an  unpierced  fireproof  wall,  consisting  of 
solid  masonry  of  at  least  8  inches  in  thickness  or  its  equivalent;  pro- 
vided, however,  that  where  the  construction  of  such  unpierced  wall 
shall  oe  impracticable  the  fire  commissioner  may  permit  such  open- 
ings in  such  wall  as  may  be  necessary,  and  prescribe  such  protection 
therefor  as  in  his  judgment  the  particular  case  shall  require.  (As 
amend.  July  16,  1916.) 

2.  Sand.    Each  garage  shall  be  equipped  with  fire  buckets  filled 
with  sand  and  kept  on  each  floor,  for  use  in  extinguishing  fire.    A 
quantity  of  sand  shall  also  be  kept  on  each  floor  of  a  garage,  for 
absorbing  waste  oil.    The  quantity  of  sand  and  the  number  of  buckets 
for  each  garage  shall  be  designated  by  the  fire  commissioner  and 
stated  in  the  permit. 

3.  Receptacles  for  waste.    Each  floor  of  a  garage  shall  be  equipped 
with  self-closing  metal  cans;  and  all  inflammable  waste  material 
shall  be  kept  therein  until  removed  from  the  building. 

4.  Storage  of  carbide.    All  calcium  carbide  stored  in  a  garage  shall 
be  kept  in  water-tight  metal  containers  with  securely  fastened  covers; 
and  the  aggregate  quantity  kept  on  hand  shall  not  exceed  at  any 
time  120  pounds. 

§  6.  Section  160  of  article  11  of  chapter  10  of  the  Code  of  Ordi- 
nances, is  hereby  amended  to  read  as  follows: 

§  160.  Oil  selling  stations. — A  permit  may  be  issued  by  the  fire 
commissioner  for  premises  wherein  the  business  of  an  oil  selling  sta- 
tion is  to  be  conducted  and  such  business  shall  be  covered,  except 
as  to  fees,  by  the  regulation  on  the  subject  of  storage  garages  in  so 
far  as  they  are  applicable  thereto.  (Ord.  app.  Aug.  8,  1916.) 

ARTICLE  12 

MOTOR  VEHICLE  REPAIR  SHOPS 

Sec.  170.  Permit. 
§  171.  Restrictions. 

Sec.  170.  Permit. — No  person  shall  maintain  or  operate  a  motor 
vehicle  repair  shop  without  a  permit;  provided  that  such  a  permit 
shall  not  be  required  of  a  person  holding  a  garage  permit  for  the  same 
or  adjoining  premises.  (Amend.  May  25,  1915.) 

§  171.  Restrictions. — No  person  shall 

1.  Store  or  keep  for  sale  in  a  motor  vehicle  repair  shop  any  volatile 
inflammable  oil  or  calcium  carbide,  except  in  the  manner  and  sub- 
ject to  the  conditions  prescribed  by  the  fire  commissioner; 

2.  Introduce  or  receive  into  such  a  repair  shop  any  motor  vehicle 
containing  volatile  inflammable  oil,   unless  the  building  or  that 
portion  thereof  in  which  the  motor  vehicle  is  introduced  is  con- 
structed of  fire-retarding  material.    When  such  volatile  inflammable 
oil  is  removed  from  the  fuel  tank  of  a  motor  vehicle  within  the  repair 
shop,  it  shall  be  emptied  directly  from  fuel  tank  into  an  approved 
safety  can,  portable  tank,  or  approved  storage  system,  ana  when 
returned  to  the  fuel  tank  it  shall  be  so  returned  directly  from  such 
safety  can,  portable  tank,  or  approved  storage  system.     (Amend. 
May  25,  1915.) 


EXPLOSIVES   AND   HAZARDOUS  TRADES  305 

ARTICLE  13 

DRY  CLEANING  AND  DRY  DYEING  ESTABLISHMENTS 

Sec.  175.  Permit. 
§  176.  Restrictions. 
§  177.  Equipment. 
§  178.  Operation. 
§  179.  Fire-prevention.  , 

Sec.  175.  Permit. — No  person  shall  maintain  or  operate  a  dry 
cleaning  or  dry  dyeing  establishment  without  a  permit. 

§  176.  Restrictions. — No  permit  to  maintain  and  operate  a  dry 
cleaning  or  dry  dyeing  establishment  shall  be  issued  for  any  building: 

(a)  In  which  the  compartment  wherein  the  volatile  inflammable 
oil  is  used  is  situated  within  50  feet  of  the  nearest  wall  of  any  build- 
ing occupied  as  a  school,  hospital,  theatre,  or  other  place  of  public 
amusement  or  assembly; 

(b)  Which  is  occupied  as  a  tenement  house,  dwelling  or  hotel; 

(c)  Which  is  of  wooden  construction; 

(d)  In  which  the  compartment  wherein  the  volatile  inflammable 
oil  is  used  is  artificially  lighted  by  any  means  other  than  electricity. 

(e)  Where  drugs,  cigars,  cigarettes  or  tobaccos  are  kept  for  sale; 

(f)  Where  paints,  varnishes  or  lacquers  are  manufactured,  stored, 
or  kept  for  sale; 

(g)  Where  drygoods  or  other  highly  inflammable  materials  are 
manufactured,  stored  or  kept  for  sale; 

(h)  Where  matches,  rosin,  turpentine,  hemp,  cotton,  or  any  ex- 
plosives are  stored  or  kept. 

(i)  Which  is  not  equipped  with  an  approved  system  for  storing  and 
handling  all  volatile  inflammable  oils,  stored  or  used  in  such  estab- 
lishments as  prescribed  in  sub-divisions  5,  6,  9,  13  and  14  of  §  131  of 
Article  9  of  this  chapter. 

§  177.  Equipment.  1.  Certificate  of  approval. — No  system  for  the 
storage  of  volatile  inflammable  oils  shall  be  installed  in  any  building 
used  as  a  dry  cleaning  or  dry  dyeing  establishment,  unless  it  be  of  a 
type  for  which  a  certificate  of  approval  shall  have  been  issued. 

2.  Settling  tank.    At  the  close  of  each  day  all  volatile  inflammable 
oils  remaining  in  the  wash  tank  and  extractors  shall  be  transferred 
through  continuous  piping  to  an  underground  tank.     Volatile  in- 
flammable oils  in  a  dry  cleaning  and  dry  dyeing  establishment  shall 
not  be  kept  outside  the  dry  cleaning  room  except  in  approved  storage 
system,  and  shall  not  be  transferred  except  by  pumping  directly 
from  an  approved  storage  system.    (Amend.  May  25,  1915.) 

3.  Roof-tanks.     (Repealed  May  25,  1915.) 

4.  "Wash  tank"  room. — Each  room  or  compartment  wherein  a 
"washing  tank"  is  located  shall  be  properly  ventilated,  and  shall  be 
equipped  with  self-closing  fireproof  doors  and  windows  that  can  be 
easily  opened  from   the  outside. 

5.  Asbestos  cloths  or  blankets.   Each  room  or  compartment  in  which 
a  washing  tank  is  located  shall  be  equipped  with  one  or  more  asbestos 
cloths  orblankets  to  smother  fire,  the  number  and  size  of  which  shall 
be  prescribed  by  the  fire  commissioner.    (New.  Ord.  May  25,  1915  ) 


306  CODE  OP  ORDINANCES  OP  THE  CITY  OP  NEW   YORK 

6.  Portable  containers.     All  portable  containers  used  to  convey 
goods  from  washers  to  extractors  shall  be  equipped  with  rubber  tired 
rollers,  wooden  or  fibre  rollers  or  wooden  bottoms.     (New.  Ord. 
May  25,  1915.) 

7.  Extractors.     All  extractors  shall  be  constructed  so  that  the 
gasoline  extracted  shall  flow  by  gravity  through  the  pipe  into  the 
settling  tank  of  an  approved  storage  system.    (New.  Ord.  May  25, 
1915.) 

8.  Drying  tumblers.    Drying  tumblers  shall  not  be  permitted  in 
rooms  containing  wash  tanks,  and  shall  be  independently  connected 
with  the  outer  air  in  the  manner  prescribed  for  drying  rooms.    In 
no  case  shall  they  be  heated  above  150  degrees  Fahr.    (New.  Ord. 
May  25,  1915.) 

9.  Containers  or  devices.    Proper  containers  or  devices  to  prevent 
or  extinguish  fire  may  be  prescribed  by  the  fire  commissioner,  who 
may  issue  certificates  of  approval  for  such  devices.     (New.  Ord. 
May  25,  1915.) 

§  178.  Operation.  1.  Settling,  filtering  and  distilling. — All  volatile 
inflammable  oil  which  has  been  used  in  the  process  of  dry  cleaning  or 
dry  dyeing  shall  be  settled,  filtered  or  distilled  in  a  machine  or 
apparatus,  of  a  type  for  which  a  certificate  of  approval  shall  have 
been  issued. 

2.  Sewer  protection.    No  person  shall  discharge  any  volatile  in- 
flammable oil  into  any  public  dram  or  sewer. 

3.  Supervision.     The  operation  of  a  dry  cleaning  or  dry  dyeing 
establishment  shall  be  continuously  under  the  care  and  supervision 
of  a  person  holding  a  certificate  of  fitness  as  manager  thereof.    The 
number  of  persons  required  to  hold  such  certificates  shall  be  deter- 
mined by  the  fire  commissioner  and  stated  hi  the  permit,  but  in  no 
case  shall  there  be  required  more  than  3. 

§  179.  Fire  prevention.  1.  Steam  extinguishing  appliance. — Each 
room  or  compartment  wherein  a  "washing  tank"  is  located  shall  be 
equipped  with  an  approved  steam  fire  extinguishing  system,  the 
supply  valve  for  which  shall  be  placed  on  the  outside  of  the  washing 
room  with  one  valve  so  arranged  that  the  steam  can  be  instanta- 
neously turned  on. 

2.  Buckets  of  sand.    Each  premises  in  which  a  dry  cleaning  or  dry 
dyeing  establishment  is  located  shall  be  equipped  with  fire  buckets 
filled  with  sand  and  kept  on  each  floor,  for  use  in  extinguishing  fire. 
A  quantity  of  sand  shall  also  be  kept  on  each  floor  for  absorbing 
waste  oils.     The  number  of  buckets  and  the  quantity  of  sand  to 
be  so  kept  shall  be  determined  by  the  fire  commissioner  and  stated 
in  the  permit. 

3.  Artificial  lighting.    No  system  of  artificial  lighting  other  than 
incandescent  electric  lights  shall  be  installed  in  any  building  used 
as  a  dry  cleaning  and  dry  dyeing  establishment,  unless  it  be  of  a 
type  for  which  a  certificate  of  approval  shall  have  been  issued.    All 
incandescent  lights  shall  be  fitted  with  keyless  sockets  and  all  electric 
switches  and  plugs  shall  be  placed  at  least  4  feet  above  the  floor. 
All  electric  switches  shall  be  placed  outside  the  room  containing 
wash  tanks,  and  outside  all  drying  rooms.    (Amend.  May  25,  1915.) 

4.  Exposed  flame  or  spark.     No  stove,  forge,  torch  or  other  device 
employing  flame  or  fire,  nor  any  electric  or  other  apparatus  whict 


EXPLOSIVES  AND  HAZARDOUS  TRADES  307 

is  likely  to  produce  an  exposed  spark,  shall  be  allowed  in  any  building 
used  as  a  dry  cleaning  or  dry  dyeing  establishment,  unless  it  be  placed 
in  a  room  or  compartment  separated  from  the  remainder  of  the  building 
by  a  partition  constructed  of  fire  retarding  material  and  provided  with  a 
self-closing  fireproof  door;  provided,  however,  that  electric  motors  may 
be  of  the  fully  enclosed  type  or  provided  with  an  approved  type  "A" 
(fire  department  specifications)  motor  enclosure;  the  terminal  blocks  also 
shall  be  protected.  No  boiler  or  furnace  shall  be  located  in  any  such  dry 
cleaning  and  dry  dyeing  establishment  unless  separated  from  the  re- 
mainder of  the  building  by  an  unpierced  fireproof  wall  consisting  of  solid 
masonry,  or  its  equivalent,  of  at  least  8  inches  in  thickness;  provided, 
however,  that  where  the  construction  of  such  unpierced  wall  shall  be 
impracticable,  the  fire  commissioner  may  permit  such  openings  in  the 
wall  as  may  be  necessary,  and  prescribe  such  protection  therefor  as  in  his 
judgment  the  particular  case  shall  require.  (Amend.  May  25,  1915.) 

5.  Carrying  matches.  No  person  shall  carry  matches  into  any  room  or 
compartment  in  which  volatile  inflammable  oil  is  used  or  stored,  and  the 
person  holding  the  certificate  of  fitness  as  the  manager  of  the  establish- 
ment shall  be  responsible  for  the  enforcement  of  this  section.  He  shall 
also  see  that  all  clothing  intended  to  be  dry  cleaned  is  searched  and  all 
matches  removed  therefrom,  before  being  brought  into  the  compart- 
ments where  volatile  inflammable  oils  are  stored  or  used.  (Amend. 
May  25,  1915.) 

ARTICLE  14 

MOTOR   CYCLE   REPAIR  SHOPS   AND   STORAGE   PLANTS 

Sec.  190.  Permit. 

§191.  Restrictions. 
§  192.  Fire  prevention. 

§  190.  Permit.  Except  upon  premises  for  which  a  permit  has  been 
issued  under  this  article,  no  person  shall  conduct  a  repair  shop,  for  motor 
cycles,  nor  store,  house  or  keep,  nor  receive  for  storage,  housing  or 
keeping,  more  than  four  motor  cycles  containing  gasoline  in  their  fuel 
tanks;  provided,  however,  that  such  a  permit  shall  not  be  required  for 
premises  used  as  a  garage  under  a  permit  duly  issued  therefor,  nor  for 
premises  used  for  the  storage  or  repair  of  motor  cycles  owned  and  oper- 
ated by  members  of  but  one  family. 

§  191.  Restrictions.  1.  Storage  of  oil.  Such  permit  shall  state  the 
amount  of  kerosene  and  lubricating  oils  which  may  be  stored  on  such 
premises,  which  amount  shall  not  be  exceeded. 

2.  Basement    premises.      No    permit    shall    be    granted    for    premises 
below  the  grade  story  of  any  building. 

3.  Tenement  houses,  etc.     No  permit  shall  be  issued  for  any  premises 
situated  in  any  tenement  house,  hotel  or  frame  building,  or  in  any  non- 
fireproof  building  in  which  there  is  a  factory  or  place  of  public  assemblage, 
unless: 

(a)  The  compartment  enclosing  such   premises  is  of  fire  retarding 
material  throughout,  including  doors  and  windows,  and 

(b)  All   doors   and   windows   opening   from   each   compartment   into 
other  portions  of  the  building  are  self-closing. 

§  192.  Fire  prevention.  In  all  premises  for  which  a  permit  is  issued 
under  this  article,  the  following  regulations  shall  be  complied  with: 

(a)  No  misoline,  except  that  in  the  fuel  tanks  of  motor  cycles,  shall 
l>e  permitted  on  the  premises  and  such  fuel  tanks  shall  not  be  opened, 
dniAvn  from  or  filled  on  the  premises. 

(I))    Xo  coal  or  oil  burning  stove  shall  be  used. 


308  CODE  OP  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 

(c)  No  motor  cycle  or  part  thereof  shall,  under  any  circumstances, 
be  cleaned  by  the  use  of  gasoline. 

(d)  Only  electric  lights  shall  be  used,  the  bulbs  of  which  shall  be 
enclosed  in  wire  cages  or  otherwise  properly  protected  in  a  manner 
approved  by  the  Fire  Commissioner. 

Except  under  special  authority  from  the  Fire  Commissioner,  no  gas 
or  open  flame  shall  be  used  for  heating,  lighting,  or  repair  purposes. 

(e)  Fire  pails,  filled  v/ith  sand,  approved  fire  extinguishers  and  "no 
smoking"  signs  shall  be  provided  in  such  number  as  the  Fire  Commis- 
sioner may  require. 

§  2.  Section  forty-three  of  such  chapter  is  hereby  amended  by  insert- 
ing therein  a  new  subdivision,  to  be  numbered  twenty-six-a,  and  to  read 
as  follows: 
26-a.     Motor  cycle  repair  shop  or  storage    place,  or  both  ...  $5  00 

Adopted  February  6,  1917.    Became  effective  February  20,  1917. 


ARTICLE  15 

PAINTS,    VARNISHES   AND    LACQUERS 

Sec.  200.  Permit. 

§  201.  Restrictions. 

§  202.  Volatile  inflammable  oil. 

Sec.  200.  Permit.  No  person  shall  manufacture,  store  or  keep  for 
sale  paints,  varnishes  or  lacquers  or  any  other  substances,  mixtures 
and  compounds  commonly  used  for  painting,  varnishing,  staining  or 
other  similar  purposes,  in  quantities  greater  than  20  gallons  without 
a  permit. 

§  201.  Restrictions. — No  permit  for  the  manufacture,  mixing  or 
compounding  of  paints,  varnishes  or  lacquers  shall  be  issued  for  any 
premises — 

(a)  Which  ar.e  situated  within  50  feet  of  the  nearest  wall  of  a  building 
occupied  as  a  school,  theatre  or  other  place  of  public  amusement  or 
assembly ; 

(b)  Which  are  occupied  as  a  tenement  house,  dwelling,  hotel,  work- 
shop or  factory; 

(c)  Which  are  artificially  lighted  by  any  means  other  than  electricity; 

(d)  Where  drugs,   cigars,   cigarettes  or  tobaccos  are   kept  for  sale; 

(e)  Where  drygoods  or  other  highly  inflammable  materials  are  manu- 
factured, stored  or  kept  for  sale. 

§  202.  Volatile  inflammable  oil. — No  permit  shall  be  issued  for  the 
storage  and  sale  of  volatile  inflammable  oil  in  any  paint  shop,  in  a  tene- 
ment house,  nor  for  the  storage  of  such  oil  in  excess  of  20  gallons  in  any 
building  occupied  by  two  families,  nor  for  the  storage  of  such  oil  in  excess 
of  55  gallons  in  any  building  occupied  as  a  dwelling  by  one  family. 
(Amend.  May  25,  1915.) 

ARTICLE  16 

CALCIUM  CARBIDE 

Sec.  205.  Permit. 
§  206.  Conditions. 
§  207.  Restrictions. 

Sec.  205.  Permit. — No  person  shall  store  or  keep  calcium  carbide 
in  excess  of  120  pounds  without  a  permit. 

§  206.  Conditions.       1.  Containers. — Each    can,    drum    or     container 


EXPLOSIVES  AND  HAZARDOUS  TRADES  309 

for  holding  calcium  carbide  shall  be  constructed  of  tin,  iron  or  steel, 
without  the  use  of  solder.  It  shall  be  closed  in  such  manner  as  to  be 
air  and  water-tight,  and  shall  be  conspicuously  marked  CARBIDE — 
DANGEROUS  IF  NOT  KEPT  DRY. 

2.  Place.     Calcium  carbide  in  excess  of  600  Ibs.  shall  be  stored  in 
approved  metal   packages   above   ground  in  one-story   buildings   with- 
out cellar  or  basement  and  used  exclusively  for  the  storage  of  calcium 
carbide.     Such   buildings  shall   be  constructed  to  be  dry,   waterproof 
and  well  ventilated  and  shall  be  located  outside  congested  mercantile  or 
manufacturing  districts.     If  the  storage    building  is  of  incombustible 
construction  it  may  adjoin  other  one-story  buildings  if  separated  there- 
from by  an  unpierced  fire  wall;  if  the  storage  building  be  a  detached 
structure  and  located  less  than  10  feet  from  such  one-story  buildings 
there  shall  be  no  openings  in  the  adjacent  sides  of  either  buildings.    If  the 
carbide  storage  building  is  of  combustible  construction  it  must  not  be 
within  20  feet  of  other  one-story  or  two-story  buildings,  nor  within  30 
feet  of  other  buildings  over  two  stories.     (Amend.  May  25,  1915.) 

3.  Warning.    A  building  used  for  such  storage  shall  have  a  sign  con- 
spicuously displayed  on  the  outside  thereof  bearing  in  letters  at  least 
twelve    inches    high    the    words    CALCIUM    CARBIDE— USE     NO 
WATER. 

§  207.  Restrictions. — No   permit   shall    be   issued   for   the   storage   of 
calcium   carbide  in  excess  of  six  hundred   pounds  in  any   building — 

(a)  Which  is  not  used  exclusively  for  such  storage; 

(b)  Which  is  situated  within  fifty  feet  of  the  nearest  wall  of  any 
building  occupied  as  a  hospital,  school,  theatre,  or  other  place  of  public 
amusement  or  assembly; 

(c)  Which  is  of  wooden  construction. 


ARTICLE  17 

OASES  UNDER  PRESSURE 

Sec.  210.  Permit. 

§211.  Compressing. 

§212.  Acetylene. 

§  213.  Oxygen  blow-pipes. 

Sec.  210.  Permit. — No  person  shall  compress,  generate,  store,  or 
sell  any  acetylene,  Blaugas,  Pintsch  gas  or  other  gases  and  mixtures 
of  gases  or  transport  through  a  pipe  from  one  locality  to  another  any 
gas,  unless  otherwise  herein  provided  for,  at  a  pressure  exceeding  6 
pounds  to  the  square  inch,  or  atmosphere  air  to  a  pressure  exceeding 
100  pounds  to  the  square  inch,  nor  in  quantities  exceeding  a  total  con- 
tainer capacity  of  30  cubic  feet,  without  a  permit.  (Amend.  July  16, 
1915.) 

§211.  Compressing.  1.  Capacity. — No  person  shall  store  for  sale 
any  gas  compressed  to  a  pressure  greater  than  6  pounds  to  the  square 
inch  without  a  permit,  except  the  following: 

(a)  Nitrous  oxide  or  oxygen  for  use  for  medical  or  surgical  purposes 
in  quantities  not  exceeding  a  total  container  capacity  of  5  cubic  feet  for 
both  gases,  and  in  containers  none  of  which  shall  have  a  capacity  ex- 
ceeding 2.5  cubic  feet; 

(b)  Combustible  gases  under  pressure  exceeding  15  pounds  per  square 
inch,  such  as  Blaugas  and  acetylene,  in  quantities  not  exceeding  500 
cubic  feet  gas  measure  and  in  containers  none  of  which  shall  have  a 
rapacity  exceeding  2.5  cubic  feet. 

(c)  Non-combustible  liquefied  gases  except  chlorine  in  quantities  not 
exceeding  a  total  container  capacity  of  1  cubic  foot,  and  in  containers 
none  of  which  shall  have  a  capacity  exceeding  200  cubic  inches.    (Amend.) 


310  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

No  person  shall  use  or  store  for  use  within  the  city  any  gas  com- 
pressed to  a  pressure  greater  than  6  pounds  to  the  square  inch,  without 
a  permit,  except: 

(d)  Non-combustible,     non-liquefied     gases,     such     as     atmospheric 
air,  oxygen,   carbon  dioxide,  nitrous  oxide,   compressed  to  a  pressure 
not  exceeding  100  pounds  to  the  square  inch  and  in  quantities  not  ex- 
ceeding a  total  container  capacity  of  30  cubic  feet; 

(e)  Non-combustible,   non-liquefied  gases,   such  as  atmospheric  air, 
oxygen,  nitrous  oxide,  nitrogen,  compressed  to  a  pressure  not  exceeding 
300  pounds  to  the  square  inch  and  in  quantities  not  exceeding  a  total 
container  capacity  of  30  cubic  feet,  and  in  containers  of  which  none  shall 
have  a  capacity  exceeding  6  cubic  feet; 

(f)  Non-combustible,   non-liquefied  gases,   such   as    atmospheric    air, 
oxygen  or  nitrogen,  compressed  to  a  pressure  exceeding  300  pounds  to  the 
square  inch  and  in  quantities  not  exceeding  a  total  container  capacity  of 
20  cubic  feet,  and  in  containers  none  of  which  shall  have  a  capacity  ex- 
ceeding 2.5  cubic  feet; 

(g)  Combustible,  non-liquefied,  non-absorbed  gases,  such  as  hydrogen, 
illuminating  gas,  compressed  to  a  pressure  not  exceeding  300  pounds  to 
the  square  inch,  and  in  quantities  not  exceeding  a  total  container  capacity 
of  30  cubic  feet  and  in  containers  none  of  which  shall  have  a  capacity  ex- 
ceeding 6  cubic  feet; 

(h)  Combustible,  non-liquified,  non-absorbed  gases,  such  as  hydrogen, 
illuminating  gas,  compressed  to  a  pressure  exceeding  300  pounds  to  the 
square  inch  and  in  quantities  not  exceeding  a  total  container  capacity  of 
10  cubic  feet,  and  in  containers  none  of  which  shall  have  a  capacity  ex- 
ceeding 2.5  cubic  feet; 

(i)  Soda  water  tanks  containing  carbonic  acid  under  pressure  not 
exceeding  150  pounds  to  the  square  inch,  and  in  quantities  not  ex- 
ceeding a  total  container  capacity  of  20  cubic  feet,  and  in  containers 
none  of  which  shall  have  a  capacity  exceeding  2  cubic  feet; 

(j)  Absorbed  acetylene,  under  pressure  not  exceeding  250  pounds 
to  the  square  inch,  and  in  quantities  not  exceeding  a  total  container 
capacity  of  10  cubic  feet,  and  in  containers  none  of  which  shall  have 
a  capacity  exceeding  2.5  cubic  feet; 

(k)  Non-combustible  liquefied  gases,  except  ammonia  and  chlorine, 
such  as  nitrous  oxide,  carbonic  acid,  sulphur  dioxide,  in  quantities 
not  exceeding  a  total  container  capacity  of  12  cubic  feet,  and  in  containers 
none  of  which  shall  have  a  capacity  exceeding  1.5  cubic  feet.  Anhydrous 
liquid  ammonia  not  exceeding  a  total  container  capacity  of  12  cubic  feet, 
and  in  containers  none  of  which  shall  have  a  capacity  exceeding  5.5  cubic 
feet,  except  as  otherwise  provided  in  these  regulations. 

(1)  Combustible,  liquefied  gases,  such  as  Blaugas,  in  quantities 
not  exceeding  a  total  container  capacity  of  8  cubic  feet,  and  in  containers 
none  of  which  shall  have  a  capacity  exceeding  1.5  cubic  feet.  (Amend. 
July  16,  1915.) 

2.  Certificate  of  fitness. — No  gas  shall   be  compressed  or  generated 
to  a  pressure  greater  than  15  pounds  to  the  square  inch,  unless  under 
the  supervision  of  a  person  holding  a  certificate  of  fitness.     (Amend. 
July  16,  1915.) 

3.  Construction.     All   tanks   and   cylinders   used   for  the   storage  of 
gas    under    pressure    shall  be  constructed  of  rolled,    drawn  or  forged 
steel,  and  shall  be  either  seamless,  brazed,  welded  or  riveted.     Con- 
tainers now  in  use  and  purchased  hereafter  for  storing  and  transport- 
ing compressed  gases  must  be  subjected,  whenever  they   appear  mate- 
rially weakened  by  use,  but,  at  least  once  in  five  years,  to  a  uniform 
interior  pressure  test,  in  which  the  test  pressure  must  be  as  follows: 

For  containers  for  liquid  carbonic  acid,  liquid  nitrous  oxide,  or  Blaugas, 
3,000  pounds  to  the  square  inch; 

For  containers  for  liquid  anhydrous  ammonia,  not  less  than  430  pounds 
to  the  square  inch ; 


EXPLOSIVES  AND  HAZARDOUS  TRADES  311 

For  containers  for  liquid  chlorine,  not  less  than  400  pounds  to  the 
square  inch; 

For  containers  for  liquid  sulphur  dioxide,  not  less  than  250  pounds 
to  the  square  inch; 

For  containers  for  carbonated  beverages  in  use  at  time  of  passage 
of  this  ordinance,  not  less  than  300  pounds  to  the  square  inch; 

For  containers  for  carbonated  beverages  manufactured  and  placed  in 
use  after  September  1,  1917,  not  less  than  500  pounds  to  the  square  inch. 

Adopted  July  17,  1917.    Became  effective  September  18,  1917. 

4.  Containers;    certificate   of  approval.      No    person    shall    transport, 
store  or  sell  any  gas  compressed  to  a  pressure  greater  than  15  pounds 
to  the  square  inch,  except  it  be  contained  in  a  metal  tank,  cylinder 
or  other  metal  container,  or  of  a  type  approved  by  the  fire  commissioner 
or  the  interstate  commerce  commission.    (Amend.  July  16,  1915.) 

5.  Pressure  gauge.     Containers  used   for  the  storage  of  gas  under 
pressure  of  more  than  15  pounds  to  the  square  inch  shall  be  provided 
with  a  pressure  gauge,  or  with  an  opening  to  which  such  gauge  may 
be  attached,  for  determining  the  pressure  of  the  gas  in  the  container. 
After  January  1st,   1916,  no  container  exceeding  12  inches  in  length, 
containing  liquefied  gases,  gases  in  solution  or  other  gases  under  a  pres- 
sure of  more  than  15  pounds  per  square  inch  at  70°  F.,  except  anhydrous 
ammonia,  shall  be  filled  within  the  city,  except  for  immediate  export; 
nor  shall  any  such  filled  cylinder  be  brought  into  the  city  unless  it  be 
equipped  with  a  safety  device  or  fusible  plug  of  a  type  approved  by  the 
fire  commissioner  or  interstate  commerce  commission,  to  prevent  the 
explosion  of  a  normally  charged  cylinder  when  placed  in  a  fire.    (Amend. 
July  16,  1915.) 

6.  Stamped.    Each  container  used  for  the  storage  or  transportation  of 
gas  under  pressure  shall  have  plainly  and  permanently  marked  thereon 
the  name  of  the  original  purchaser  or  manufacturer,  or  a  mark  by  which 
the  ownership  or  responsibility  for  filling  the  container  can  easily  be 
established,  and  each  container  shall  be  identified  by  a  serial  number. 
When  containers  are  tested  a  complete  record  shall  be  kept  thereof,  and 
this  record,  or  a  certified  copy  thereof  shall,  upon  reasonable  notice  and 
demand,   be  produced   for  the  inspection  of  the  interstate  commerce 
commission  or  the  fire  commissioner.    (Amend.  July  16,  1915.) 

§212.  Acetylene.  1.  Approval  of  generator. — No  person  shall  gen- 
erate acetylene,  except  in  a  generator  or  other  suitable  apparatus  of 
a  type  for  which  a  certificate  of  approval  shall  have  been  issued;  pro- 
vided, however,  that  nothing  contained  in  this  section  shall  be  con- 
strued as  requiring  a  certificate  of  approval  for  an  acetylene  generator 
having  a  carbide  capacity  not  exceeding  5  pounds. 

2.  Containing   building.      Each    building   or   compartment   used    for 
the   generation   and   compression  of  acetylene,   to   a   pressure   greater 
than  15  pounds  to  the  square  inch,  shall  be  constructed  of  fire-resisting 
materials  throughout,  and  shall  be  used  for  no  other  purpose. 

3.  Stationary    apparatus.      Each    stationary    apparatus    for    generat- 
ing acetylene  shall  be  equipped  with  liquid  seals,  a  safety  valve,  a  blow- 
off  valve  or  other  automatic  appliance  for  limiting  the  pressure  of  the 
gas  to  not  more  than  15  pounds  to  the  square  inch  at  a  temperature  of 
70°  F.     The  apparatus  shall  be  installed  in  a  waterproof  compartment 
having  the  floor,  walls  and  roof  of  brick  or  reinforced  concrete.    The  size 
of  such  compartment  shall  not  exceed  that  required  to  allow  the  free 
operation  of  the  apparatus  and  the  storage  of  the  necessary  carbide. 
Each  such  apparatus  shall  bear  the  name  of  the  manufacturer  and  the 
year  of  its  manufacture,  and  shall  be  identified  by  a  serial  number. 

4.  Compression.     No  person  shall  compress  acetylene,  nor  transport, 
store  or  sell  acetylene  compressed  to  a  greater  pressure  than  250  pounds 
to  the  square  inch  at  a  temperature  of  70   F. 

5.  Dissolving  and  absorbing. — No   person   shall   generate,    transport, 


312  CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK 

store  or  sell  acetylene  compressed  to  a  pressure  greater  than  15  pounds 
to  the  square  inch,  except  when  it  be  dissolved  in  acetone,  or  other 
similar  solvent  and  simultaneously  absorbed  into  asbestos  or  other 
suitable  porous  material;  and  confined  in  a  tank  or  cylinder  of  a  type  for 
which  a  certificate  of  approval  shall  have  been  issued. 

6.  Liquid.     No  person  shall  generate,  manufacture,  transport,    store 
or  sell  any  liquid  acetylene. 

7.  Residue  of  carbide.     All  solid  residue  of  calcium  carbide  shall  be 
promptly  removed  from  the  building  and  disposed  of;  and  no  person 
shall  discharge  any  such  residue  into  a  public  drain  or  sewer. 

8.  Storage  tanks.     All  tanks  and  cylinders  used  for  the  storage  of 
acetylene  under  pressure  having  originally  passed  the  required   test, 
shall  be  exempt  from  the  quinquennial  test    but  shall,  be  designed  and 
constructed  to  withstand  a  pressure  of  1,200  pounds  to  the  square  inch 
without  rupture,  and  to  withstand  a  pressure  of  at  least  550  pounds  to  the 
square  inch  without  exhibiting  strain  beyond  the  point  of  usefulness. 
Each  tank  and  cylinder  used  for  the  storage  of  acetylene  under  pressure 
shall  be  tested  to  withstand  a  pressure  of  500  Ibs.  to  the  square  inch;  and 
no  person  shall  generate,  transport,  store  or  sell  acetylene  in  an  apparatus, 
tank  or  other  container  in  the  construction  of  which  unalloyed  copper  is 
used.    No  tank  or  cylinder  containing  acetylene  in  quantities  aggregating 
more  than  2,500  cubic  feet  shall  be  stored  in  any  building  except  under  a 
special  permit.    Acetylene  contained  in  tanks  or  cylinders  attached  to  ve- 
hicles and  ready  for  use  shall  not  be  included  in  computing  the  quantity 
stored  in  any  building.     (Amend.  July  16,  1915.) 

9.  Use  in  public  entertainment.     No  person  shall  generate  acetylene 
in  connection  with  a  motion-picture  show  or  exhibition  or  other  public 
entertainment. 

10.  Ventilating,    heating   and   lighting.      Each    building    or    compart- 
ment used  for  the  generation  or  compression  of  acetylene  shall  be  well 
ventilated,  shall  be  heated  only  by  steam  or  hot  water,  and  shall  not  be 
artificially  lighted  except  by  electric  lights  having  airtight  bulbs,  globes 
or  tubes. 

11.  Fire  prevention.     No  stove,   forge,   torch,   boiler,   furnace,   flame 
or  fire,  and  no  electric  or  other  appliance  which  is  likely  to  produce  an 
exposed  spark  shall  be  allowed  in  any  compartment  used  for  the  genera- 
tion or  compression  of  acetylene. 

§  213.  Oxygen  blow-pipes.  1.  Certificate  of  approval. — No  person 
shall  use  oxygen  and  a  combustible  gas  for  heating,  melting  or  welding, 
except  in  or  through  a  blow-pipe  or  other  similar  device  or  apparatus  of  a 
type  for  which  a  certificate  of  approval  shall  have  been  issued. 

2.  Certificate  of  fitness.     No  person  shall  operate  a  blow-pipe  or  other 
similar  device  or  apparatus  for  heating,  melting  or  welding,  without  a 
certificate  of  fitness.     (As  amended.) 

3.  Permit.     No  person  shall  use  oxygen  in  combination  with  a  com- 
bustible gas,  in  or  through  a  blow-pipe  or  other  similar  device,  for  heat- 
ing, melting  or  welding,  without  a  permit. 

4.  Portable  generators.     No  person  shall  use  a  portable  generator  in 
any  building  for  the  purpose  of  supplying  gas  to  a  blow-pipe  or  other 
similar  device  or  apparatus,  except  where  a  certificate  of  approval  for  the 
generator  has  been  issued,  and  then  only,  when  a  special  permit  has  been 
issued  for  its  use. 

§  214.  Regulations  governing  the  manufacture  and  handling  of 
soda  water  and  carbonated  beverages. 

1.  No  person  shall  transfer  carbonic  acid  from  a  container,  with  a 
pressure  of  more  than  300  pounds  per  square  inch,  into  a  container  of 
glass  or  metal,   not  capable  of  resisting  a  pressure  equal  to  that  in  the 
original  container,  without  a  permit  from  the  Fire  Commissioner. 

2.  No  person  shall  transfer  carbonic  acid  from  a  container,  with  a  pres- 
sure of  more  than  300  pounds  per  square  inch,  into  a  vessel  or  container 
of  glass  or  metal,  not  capable  of  resisting  a  pressure  equal  to  that  of  the 


EXPLOSIVES  AND  HAZARDOUS  TRADES  313 

original  container,  without  interposing  between  the  two  containers  a 
pressure  reducing  and  regulating  device  and  between  the  said  pressure 
reducing  and  regulating  device  and  a  weaker  container  a  safety  device 
of  a  type  approved  by  the  Fire  Commissioner. 

3.  No  person  shall  transfer  carbonic  acid  from  a  container  with  a 
pressure  of  more  than  300  pounds  per  square  inch  into  any  vessel  or  con- 
tainer of  glass  or  metal  without  a  certificate  of  fitness. 

Adopted  June  19,  1917.    Became  effective  July  3,  1917. 

§214a.  Liquefied  chlorine.  1.  Permit  required. — No  person,  firm  or 
corporation,  shall  store,  sell,  use  or  transport  any  liquefied  chlorine  with- 
out a  permit. 

2.  Certificate  of  fitness.     No  liquefied   chlorine  shall   be  used   except 
under  the  constant  supervision  of  person  holding  a  certificate  of  fitness. 

3.  Compression.     No  chlorine  gas  shall  be  compressed  in  the  City 
of  New  York. 

4.  Storage  and  use.     Liquefied  chlorine  gas  may  be  stored  only  in 
quantities  specified  by  the  fire  commissioner  and  under  the  following 
conditions: 

(a)  In  approved  fireproof  buildings  used  exclusively  for  the  storage 
of   liquefied    chlorine.      Such    buildings   shall   be   approved   only   when 
all   the   materials   entering   into   their   construction,   including   flooring 
and  trim  and  partitions,  whether  temporary  or  permanent  are  incom- 
bustible in  character. 

(b)  In  enclosed  lots  or  yards  in  sparsely  settled  sections,  in  the  dis- 
cretion of  the  fire  commissioner  and  under  such  restrictions  as  he  may 
deem  necessary. 

(c)  In  buildings  used  for  other  purposes  than  the  storage  of  lique- 
fied   chlorine,  on    the    ground  floor  only,    provided   the  containers  of 
liquefied  chlorine  are  located  in  a  room  or  compartment  constructed 
of  fireproof  or  fire  retarding  material,  which  is  easily  accessible  from 
the  street  or  yard.     If  the  room  or  compartment  is  not  easily  acces- 
sible from  street  or  yard,  it  shall  be  provided  with  an  approved  au- 
tomatic sprinkler  system  by  means  of  which  the  compartment  may 
be  readily  flooded  with  water,  all  of  which  shall  be  in  accordance  with 
plans  approved  by  the  fire  commissioner.     Tho  cylinders  of  chlorine  gas 
may  be  placed  in  a  receptacle,  approved  by  the  fire  commissioner,  so 
arranged  as  to  be  automatically  flooded  with  cold  water  from  a  reliable 
source  in  case  of  fire. 

(d)  No  permit  shall  be  issued  for  the  use  of  liquefied  chlorine  above 
the  grade  floor,  except  in  a  building  occupied  exclusively  by  the  per- 
son, firm  or  corporation  using  the  liquefied  chlorine  and  protected  by 
an  approved  automatic  sprinkler  system,  except  that  in  special  cases 
when-   the  use  of  liquefied    chlorine  existed    prior  to  the  adoption  of 
these   regulations  this  requirement  might  bo  waived  by  the  fire  com- 
missioner. 

(e)  The  number  of  liquefied  gas  cylinders  permitted  above  the  grade 
floor  shall  not  in  any  case  exceed  in  number  twice  the  number  actually 
connected  and  in  use  at  any  one  time  and  the  cylinders  shall  be  supported 
from  the  ground  in  such  manner  as  not  to  be  dependent  for  support  upon 
any  non-fireproof  portion  of  tho  building  construction. 

(f)  No  permit  shall  be  issued  for  the  storage  or  use  of  liquefied  chlorine 
in  any  building  used  for  a  hotel,   lodging  house,   tenement  house,  or 
dwelling,  or  in  any  building,  lot  or  enclosure  located  within  50  feet  of  the 
nearest  wall  of  a  building  occupied  as  a  hospital,  school,  theatre  or  other 
pl:ici-  of  public  amusement  or  assembly. 

6.  Sale.  No  person,  firm  or  corporation  shall  sell  any  liquefied  chlorine 
for  use  within  the  City  of  New  York,  unless  the  purchaser  thereof  holds  a 
permit  to  store  or  use  liquefied  chlorine. 

Adopted  July  17,  1917.     Became  effective  September  18,  1917. 


314  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


ARTICLE  18 

REFRIGERATING    PLANTS 

Sec.  216.  Permits. 

§  217.  Refrigerating  plants. 
§218.  Pressure. 
§219.  Lights. 
§220.  Precautions. 
§  221.  Exemptions. 

Sec.  216.  Permits. — Except  as  hereinafter  provided  in  this  article, 
it  shall  be  unlawful  to  operate  within  the  city  any  plant  producing 
refrigeration  by  means  of  gases  under  pressure  in  connection  with  cold 
storage  plants,  breweries,  ice  manufactories,  hotels,  restaurants  or  other 
places,  without  a  permit. 

§  217.  Refrigerating  plants.  1.  Construction. — Each  refrigerating 
plant  shall  be  equipped  with  an  emergency  pipe  or  pipes  by  which, 
in  case  of  accident,  the  gas  under  pressure  can  be  discharged  by  a 
valve  which  can  be  opened  both  inside  and  outside  the  refrigerating 
plant  into  water,  or  brought  into  contact  with  sufficient  water  to  absorb 
and  carry  off  all  gases  so  discharged.  At  the  discretion  of  the  fire  com- 
missioner the  emergency  pipe  or  pipes  may  conduct  the  gases  to  a  point 
at  least  10  feet  above  the  roofs  of  adjacent  buildings  into  the  open  air. 

2.  Safety   devices.      All    refrigerating   machines    shall    be   equipped 
with  automatic  safety  devices,  which  discharge  at  300  Ibs.  pressure  to 
the  square  inch  for  ammonia,  1,400  Ibs.  pressure  to  the  square  inch  for  car- 
bon dioxide,  100  Ibs.  pressure  to  the  square  inch  for  sulphur  dioxide,  and 
100  Ibs.  pressure  to  the  square  inch  for  ethyl  chloride  into  the  emergency 
pipes  required  by  the  preceding  section  or  into  the  low  pressure  side. 

3.  Exits.     In   refrigerating   plants   built   and   erected   after   July    1, 
1915,   every  room  containing  pipes  carrying  a  refrigerating   chemical 
under  pressure  exceeding  40  Ibs.   per  square  inch  for  ethyl  chloride, 
60  Ibs.  for  sulphur  dioxide,  100  Ibs.  for  ammonia  and  500  Ibs.  for  carbon 
dioxide,  and  which  by  accident  may  become  filled  with  the  gases  gen- 
erated by  said  chemicals,  shall  have  an  exit  to  the  open  air  direct  or  by 
means  of  stairway  or  to  a  room  or  hall  from  which  said  gases  can  be  ex- 
cluded.   Other  refrigerating  plants  shall  be  provided  with  such  means  of 
exit  as  the  fire  commissioner  may  prescribe.    Rooms  which  contain  only 
the  liquid  supply  pipe  to  the  refrigerator  coils  are  not  included  within 
the  meaning  of  this  section. 

§  218.  Pressure. — The  maximum  pressure  allowed  in  refrigerating 
machines  shall  not  exceed  300  Ibs.  for  ammonia,  1,400  Ibs.  for  carbon 
dioxide,  100  Ibs.  for  sulphur  dioxide  and  100  Ibs.  for  ethyl  chloride  to 
the  square  inch.  All  pipes  used  for  refrigerating  purposes  shall  stand  a 
hydrostatic  test  of  at  least  double  the  maximum  pressure  per  square  inch 
specified  in  this  section.  All  fittings  must  be  guaranteed  to  stand  a 
pressure  of  at  least  three  times  the  maximum  pressure  per  square  inch 
specified  in  this  chapter. 

§  219.  Lights. — No  room  containing  refrigerating  condensers  or 
compressors  of  ammonia  or  ethyl  chloride  under  pressure  shall  have 
in  it  any  open  flame,  arc  light  or  direct  opening  into  the  boiler  room; 
but  an  internal  combustion  engine  may  be  located  therein,  which  may 
be  started  in  the  usual  manner.  There  shall  be  a  fire  wall  between  such 
room  and  the  boiler  room,  equipped  with  a  self-closing  door. 

§220.  Precautions.  1.  Helmets  or  respirators. — In  such  large  re- 
frigerating  plants,  as  may  be  designated  by  the  fire  commissioner, 
there  shall  be  kept,  fit  and  available  for  use,  suitable  helmets  or 
respirators  which  shall  permit  the  wearer  to  reach,  without  suffoca- 
tion, any  part  of  the  refrigerating  system. 


EXPLOSIVES   AND   HAZARDOUS  TRADES  315 

2.  Pipes  to  be  designated.     In  all  refrigerating  plants  the  pipes  in 
the   engine   room   shall   have   conspicuous   signs,    displayed   at   proper 
places,  designating  in  easily  legible  letters  the  name  of  the  refrigerat- 
ing chemical  contained  therein. 

3.  Rules.     In  all  refrigerating  plants  there  shall  be  posted  several 
copies  of  a  brief  set  of  rules  satisfactory  to  the  fire  commissioner,  direct- 
ing all  employees  as  to  their  duties  in  case  of  fire  or  other  emergencies. 
Employers  shall  be  responsible  for  the  proper  drill  of  all  employees  in 
such  emergency  duties. 

4.  Supervision.      No   refrigerating   plant   using   ammonia  or   carbon 
dioxide  as  a  refrigerant,  nor  any  refrigerating  plant  using  over  eight 
pounds  of  ethyl  chloride  or  eight  pounds  of  sulphur  dioxide  as  refriger- 
ants, shall  be  operated  unless  under  the  charge  of  a  person  holding  a 
certificate  of  qualification  issued  by  the  police  department.    Any  person 
holding  a  certificate  of  fitness  to  operate  a  refrigerating  plant  issued  by 
the  fire  commissioner  prior  to  the  time  when  this  ordinance  takes  effect 
shall  be  exempt  from  its  provisions  until  the  expiration  of  such  certifi- 
cate. 

5.  Certificate  of  qualification.     Upon  the  request  of  any  person  who 
makes  application  to  the  police  department  for  a  license  or  certificate  aa 
engineer  of  any  class  or  grade,  or  as  to  such  applicant's  qualifications  to 
operate  such  a  refrigerating  plant,  he  shall  be  examined  by  said  depart- 
ment as  to  his  qualifications  to  operate  a  refrigerating  plant,  and  if  he  is 
found  to  be  so  qualified,  said  department  shall  so  certify;  such  certifica- 
tion to  continue  in  force  one  year  unless  sooner  revoked  or  suspended. 

Adopted  June  12,  1917.     Became  effective  June  26,  1917. 

§  221.  Exemptions.  1.  Surplus  storage. — Refrigerating  plants 
may  store  a  surplus  stock  of  the  refrigerating  chemical  of  two  cylinders 
or,  if  necessary,  a  quantity  not  to  exceed  ten  per  cent,  of  the  charge  of 
the  plant.  No  cylinders  containing  gas  under  pressure  shall  be  stored  in 
the  boiler  room. 

2.  Refrigerating  machines  of  less  than  three  tons  capacity.  The  fire 
commissioner  may  exempt  from  the  provisions  of  this  article  refrigerat- 
ing machines  of  less  than  three  tons  refrigerating  capacity,  provided  a 
certificate  of  approval  has  been  issued  for  such  machine. 

(This  article  was  added  by  ordinance  May  25,  1915.) 

ARTICLE  19 

NITRO-CELLUL08B 

Sec.  230.  Manufacture. 

§  231.  Guncotton. 

§  232.  Nitro-cellulose  products. 

§  233.  Scraps  and  other  refuse  materials. 

§  234.  Fire  prevention. 

Sec.  230.  Manufacture. — No  person  shall  manufacture  any  guncotton, 
soluble  cotton  or  any  other  product  of  nitro-cellulose. 

§  231.  Guncotton. — No  person  shall  transport,  store,  sell,  use  or  other- 
wise handle  guncotton  in  any  form,  either  alone  or  in  combination  with 
any  other  substance  intended  to  be  used  as: 

(a)  A  blasting  explosive,  except  in  the  manner  provided  in  article  4 
of  this  chapter; 

(b)  A  propelling  charge  except  in  the  manner  provided  in  article  5 
of  this  chapter. 

§  232.  Nitro-cellulose  products.  1.  Permit. — No  person  shall  store  or 
keep,  manufacture  or  sell  any  nitro-cellulose  product,  as  defined  in  §  1 
of  this  chapter,  or  manufacture  any  article  therefrom  without  a  permit. 


316  CODE   OF   ORDINANCES   OP  THE   CITY   OF  NEW   YORK 

2.  Restrictions.    No  permit  for  the  storage  of  nitro-cellulose  products, 
except  in  quantities  less  than  100  pounds,  for  purposes  of  manufacture 
of  articles  therefrom,  shall  be  issued  for  any  building: 

(a)  Which  is  situated  within  50  feet  of  the  nearest  wall  of  any  building 
occupied  as  a  school,  theatre,  or  other  place  of  public  amusement  or 
assembly; 

(b)  Which  is  occupied  as  a  tenement  house,  dwelling  or  hotel; 

(c)  Which  is  artificially  lighted  by  any  means  other  than  electricity; 

(d)  Which  is  of  wooden  construction; 

(e)  Which  is  not  equipped  with  an  approved  system  of  automatic 
sprinklers; 

(f)  Where  paints,  varnishes  or  lacquers  are  manufactured,  stored  or 
kept  for  sale; 

(g)  Where  matches,  rosin,  turpentine,  oils,  hemp,  cotton,  or  any  ex- 
plosive, are  stored  or  kept  for  sale. 

3.  Storage  of  raw  material.     All  nitro-cellulose  products  in  the  form 
of  blocks,  slabs,  sheets,  rods,  tubes  or  other  shapes  to  be  used  as  raw 
material  shall  be  kept  stored  in  a  fireproof  room  or  compartment,  con- 
structed in  accordance  with  plans  submitted  to  and  approved  by  the 
fire  commissioner  and  in  all  cases  shall  be  provided  with  suitable  ventila- 
tion. 

4.  Supervision.     All  premises  used  for  the  storage  of  nitro-cellulose 
products,  or  for  the  manufacture  of  articles  therefrom  shall  be  contin- 
uously under  the  care  and  supervision  of  one  or  more  persons,  each  hold- 
ing a  certificate  of  fitness  as  superintendent  or  manager  thereof.     The 
number  of  persons  required  to  hold  such  certificates  shall  in  each  case 
be  stated  in  the  permit. 

5.  Water-jet.    Whenever,  in  the  process  of  manufacturing  articles  from 
nitro-cellulose  products,  saws  or  cutting  tools  are  used  which  are  likely 
to  heat  the  material  to  the  firing  point  by  friction  or  otherwise,  a  jet  of 
water  shall  continuously  play  upon  the  point  of  contact. 

§  233.  Scraps  and  other  refuse  materials.  1.  Fire-proof  receptacles. — 
No  permit  for  the  manufacture  of  any  article  composed  wholly  or  in 
part  of  nitro-cellulose  products  shall  be  issued  for  any  premises  which 
are  nol  equipped  with  an  approved  metal  receptacle  or  container;  and 
all  scraps,  cuttings,  shavings,  sawdust  and  other  refuse  material  of  such 
products  shall  at  frequent  intervals  be  collected  and  placed  in  such  re- 
ceptacle and  kept  continuously  immersed  in  water. 

2.  Removal.    No  person  shall  store  or  keep  scraps,  cuttings,  shavings, 
sawdust  or  other  refuse  material  of  nitro-cellulose  products  in  quantities 
greater  than  350  pounds;  and  all  such  scraps,  cuttings,  shavings,  sawdust 
and  refuse  material  shall  be  immediately  removed  and  transported  be- 
yond the  city  limits. 

3.  Traffic  in.    No  person  shall  collect  scraps,  cuttings,  shavings,  saw- 
dust or  other  refuse  material  of  nitro-cellulose  products  for  the  purpose 
of  removing  the  same  from  the  place  of  manufacture  without  a  permit. 
The  provisions  of  this  subdivision  shall  not  apply  to  persons  holding 
permits  issued  pursuant  to  §  232  of  this  chapter,  but,  in  any  case,  all 
such  material  shall  be  placed  in  containers  of  substantial  construction, 
and  not  more  than  2,000  pounds  thereof  shall  be  transported  as  a  single 
wagon  or  truck  load. 

§  234.  Fire  prevention.  1.  Exposed  flame  or  spark. — No  heat  other 
than  steam  or  hot  water,  and  no  stove,  forge,  torch,  boiler,  furnace, 
flame  or  fire  and  no  electric  or  other  appliance  likely  to  produce  an  ex- 
posed spark  shall  be  allowed  in  any  room  or  compartment  used  for  the 
storage  of  nitro-cellulose  products,  or  in  any  room  or  compartment  used 
for  the  manufacture  of  articles  therefrom. 

2.  Fire-pails.  No  permit  for  the  manufacture  of  articles  from  nitro- 
cellulose products  shall  be  issued  for  any  premises  which  are  not  equipped 
with  at  least  1  fire  pail  to  every  2  persons  employed  therein;  and  all 
such  pails  shall  be  kept  continuously  full  of  water. 


EXPLOSIVES  AND   HAZARDOUS   TRADES  317 


ARTICLE  20 

INFLAMMABLE   MOTION    FILMS 

Sec.  240.  Permit. 

§  241.  Restrictions. 

§  242.  Storage-rooms. 

§  243.  Work-rooms. 

§  244.  Fire  prevention. 

§  245.  Projecting  machines. 

§  246.  Transportation. 

Sec.  240.  Permit. — No  person  shall  store  or  keep  on  hand  any  in- 
flammable motion-picture  films  in  quantities  greater  than  5  reels,  or 
aggregating  more  than  5,000  feet  in  length,  without  a  permit.  (Amend. 
June  22,  1915.) 

§  241.  Restrictions. — No  permit  for  the  storage  of  inflammable  motion- 
picture  films  shall  be  issued  for  any  building — 

(a)  Which  is  situated  within  50  feet  of  the  nearest  wall  of  any  building 
occupied  as  a  school,  theatre,  or  other  place  of  public  amusement  or 
assembly ; 

(b)  Which  is  occupied  as  a  tenement  house,  dwelling  or  hotel; 

(c)  Which  is  artificially  lighted  by  any  means  other  than  electricity; 

(d)  Which  is  of  wooden  construction; 

(e)  Which  is  not  equipped  with  an  approved  system  of  automatic 
sprinklers; 

(f)  Which  does  not  contain  one  or  more  separate  rooms  used  exclu- 
sively for  the  storage  of  such  films.     (Amend.  June  22,  1915.) 

§  242.  Storage-rooms. — A  room,  vault  or  compartment  used  for  the 
storage  of  inflammable  motion-picture  films  shall  not  be  artificially  lighted 
except  by  electric  lights  having  air  tight  bulbs,  globes  or  tubes  encased 
in  suitable  wire  cages  and  fitted  with  keyless  sockets.  (Amend.  June  22, 
1915.) 

§  243.  Work-rooms.  1.  Construction  and  fittings. — All  examining,  re- 
pairing or  piecing  together  of  inflammable  motion-picture  films  shall 
be  done  in  a  room  used  for  no  other  purpose  and  separated  from  the 
rest  of  the  building  by  fireproof  partitions  and  self-closing  fireproof  doors. 
All  furniture  and  fittings  in  a  room  where  inflammable  motion-picture 
films  are  repaired  or  pieced  together  shall  be  of  metal  or  other  fireproof 
material. 

2.  Quantity  of  film  permitted.    Not  more  than  10  reels,  nor  more  than 
10,000  feet  in  the  aggregate  of  motion-picture  films,   shall   be  under 
examination  or  repair  at  one  time;  and  each  reel  of  films  shall  be  kept 
in  a  tightly  closed  metal  box  when  not  being  examined  or  repaired. 

3.  Receptacles  for  waste.     Each  room  used  for  the  repairing  or  piecing 
together  of  inflammable  motion-picture  films  shall  contain  a  metal  can, 
wherein  all  waste  parts  and  scraps  of  such  films  shall  be  placed  and  kept 
covered  with  water. 

4.  Supervision.     All  storage,  manufacturing,  repairing  and  examina- 
tion of  inflammable  motion-picture  films  shall  be  under  the  direct  super- 
vision of  one  or  more  persons  holding  a  certificate  of  fitness  from  the 
fire  commissioner;  such  persons  shall  be  charged  with  the  enforcement 
of  section  8  of  this  chapter  prohibiting  smoking.     (Amend.  June  22, 
1915.) 

§  244.  Fire  prevention.  1.  Storage  of  cements. — No  collodion,  amyl 
acetate  or  other  similar  inflammable  cement  or  liquid  in  quantities 
greater  than  1  quart  shall  be  kept  in  a  room  where  inflammable  motion- 
pirturr  films  are  stored  or  repaired.  Premises  wherein  inflammable 
motion-picture  films  are  stored,  manufactured,  repaired  or  examined 
shall  l>e  equipped  with  a  number  of  sand  and  water  buckets  and  fire  ex- 


318  CODE   OF   ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

tinguishers  satisfactory  to  the  fire  commissioner.  (Amend.  June  22, 
1915.) 

2.  Heating  appliances.  No  heat  other  than  steam  or  hot  water,  and 
no  stove,  forge,  torch,  boiler,  furnace,  flame  or  fire,  and  no  electric  or 
other  appliance  likely  to  produce  an  exposed  spark  shall  be  allowed  in  any 
room  used  for  the  storage  or  repair  of  inflammable  motion-picture  films. 

§  245.  Projecting  machines. — No  inflammable  motion-picture  film  shall 
be  used  in  any  moving-picture  projecting  machine  not  enclosed  in  an 
approved  booth.  (Amend.  June  22,  1915.) 

§  246.  Transportation. — No  person  shall  transport  inflammable  mo- 
tion-picture films  in  any  underground  subway  train,  or  carry  the  same 
into  any  underground  subway  station,  provided,  however,  that  the  pro- 
visions of  this  paragraph  shall  not  apply  to  inflammable  films  trans- 
ported in  the  course  of  interstate  commerce  in  railway  baggage  or  ex- 
press cars  under  the  jurisdiction  and  subject  to  the  regulations  of  the 
interstate  commerce  commission.  No  person  shall  transport  inflammable 
motion-picture  films  in  any  street  car,  elevated  train,  omnibus,  ferry- 
boat or  other  public  conveyance,  or  carry  the  same  into  any  railway 
station  or  ferryhouse  unless  each  film  shall  be  separately  enclosed  in  a 
tightly  closed  metal  box.  Not  more  than  8  films  so  enclosed  shall  be 
carried  at  one  time  by  any  person.  (New.  Ord.  June  22,  1915.) 

ARTICLE  21 

DISTILLED    LIQUORS  AND   ALCOHOLS 

Sec.  250.  Permit. 

§  251.  Restrictions. 

§  252.  Storage. 

§  253.  Distillation  or  rectification. 

Sec.  250.  Permit. — No  person  shall  manufacture  distilled  liquors, 
spirits  or  alcohols  of  any  kind,  by  distillation  or  rectification,  without 
a  permit,  nor  shall  any  person  store  or  keep  distilled  liquors,  spirits  or 
alcohols  of  any  kind,  in  quantities  aggregating  more  than  10  barrels, 
of  50  gallons  each,  without  a  permit. 

§  251.  Restrictions. — No  permit  shall  be  issued  for  the  manufacture, 
distillation,  rectification,  or  storage,  of  distilled  liquor,  spirits  or  alcohols, 
in  any  building — 

(a)  Which  is  situated  within  50  feet  of  the  nearest  wall  of  any  building 
occupied  as  a  hospital,  school,  theatre  or  other  place  of  public  amusement 
or  assembly; 

(b)  Which  is  of  wooden  construction; 

(c)  Which  is  not  equipped  with  an  approved  fire  extinguishing  system. 

§  252.  Storage. — No  person  shall  store  distilled  liquors,  spirits  or  al- 
cohols of  any  kind  in  excess  of  1  barrel  for  each  4  square  feet  of  floor 
space;  and  barrels  containing  liquors,  spirits  or  alcohols  shall  not  be 
stacked  more  than  two  high. 

§  253.  Distillation  of  rectification. — No  person  shall  distill  or  rectify 
liquors,  spirits  or  alcohols  in  any  room  or  compartment  in  which  there 
is  an  open  flame.  (New.  Ord.  May  25,  1915.) 

ARTICLE  22 

OILS  AND   FATS 

Sec.  255.  Permit. 
§  256.  Restrictions. 

Sec.  255.  Permit. — No  person  shall  store  or  keep  on  hand  any  oil, 
fat,  grease  or  soap  stock,  exceeding  the  equivalent  of  5  barrels, 


EXPLOSIVES  AND  HAZARDOUS  TRADES  31S 

without  a  permit;  provided  that  a  person  who  holds  a  permit,  issued 
in  conformity  with  the  provisions  of  article  8  or  article  23  of  this 
chapter,  shall  not  be  required  to  obtain  a  permit  for  the  storage  and 
use  of  such  oils,  fats,  greases  and  soap-stock  as  may  be  incident  to 
the  business  conducted  thereunder.  No  person  shall  store  upon 
any  floor  of  a  building  any  oil,  fat,  grease  or  soap-stock  exceeding  in 
weight  one-third  the  safe  bearing  capacity  of  the  floor,  as  certified  to 
by  the  bureau  of  buildings,  or  covering  when  contained  in  barrels 
or  other  containers  more  than  two-thirds  of  the  floor  space  of  such 
floor. 

§  256.  Restrictions.— No  permit  shall  be  issued  for  the  storage  of 
oils,  fat,  greases  or  soap-stock  in  any  building  or  premises — 

(a)  Which  is  situated  within  50  feet  of  the  nearest  wall  of  any 
building  occupied  as  a  school,  hospital,  theatre,  or  any  other  place  of 
public  amusement  or  assembly; 

(b)  Which  is  occupied  as  a  tenement  house  or  hotel; 

(c)  Which  is  occupied  as  a  workshop  or  factory,  except  such 
workshop  or  factory  be  incident  to  the  business  of  the  applicant; 

(d)  Which  is  of  wooden  construction,  except  in  sparsely  populated 
districts,  where  it  shall  be  within  the  discretion  of  the  fire  commis- 
sioner; 

(e)  Which  is  not  equipped  with  a  fire  extinguishing  system  satis- 
factory to  the  fire  commissioner; 

(f)  Where  matches  or  any  explosives  are  stored  or  kept. 


ARTICLE  23 

TECHNICAL  ESTABLISHMENTS 

Sec.  260.  Permit. 
§  261.  Supervision. 
§  262.  Restrictions. 

Sec.  260.  Permit. — No  person  shall  maintain  or  operate  a  technical 
establishment,  as  defined  in  §  1  of  this  chapter,  without  a  permit. 
Each  such  permit  shall  prescribe  the  maximum  quantity  of  explo- 
sives, inflammable  or  combustible  materials  and  substances  to  be 
stored,  the  method  of  storing  and  using  the  same,  and  the  necessary 
rules  for  the  handling  thereof,  as  well  as  the  number  of  persons  re- 
quired to  hold  certificates  of  fitness. 

§  261.  Suj)ervision. — No  permit  shall  be  issued  under  this  title 
unless  the  establishment  shall  be  continuously  under  the  care  and 
supervision  of  one  or  more  persons,  each  holding  a  certificate  of 
fitness  as  a  superintendent  or  manager  thereof. 

§  262.  Restrictions. — No  person  shall  store  for  use,  or  to  use  in  any 
technical  establishment  any  liquid  acetylene,  acetylide  of  copper  or 
other  metallic  acetylide;  fulminate  of  mercury,  or  any  other  fulminate 
or  fulminating  compound;  nitroglycerine;  chloride  of  nitrogen; 
amide  or  amine;  blasting  powder;  smokeless  powder;  or  gunpowder 
in  any  form ;  or  any  volatile  product  of  petroleum  (except  rhigoline) 
having  a  boiling  point  lower  than  60°  F. 


320  CODE   OP  ORDINANCES   OP  THE   CITY   OP  NEW   YORK 

ARTICLE  24 

WHOLESALE  DRUG-STORES  AND  DRUG  AND  CHEMICAL  SUPPLY-HOUSES 

Sec.  270.  Special  permit. 
§  271.  Passageways. 
§  272.  Restrictions. 

273.  Laboratory. 

274.  Light  and  power. 

275.  Prohibited  materials. 

276.  Quantities  of  supplies  allowed. 

277.  Storage. 

278.  Supervision. 

279.  Fire  prevention. 

Sec.  270.  Special  permit. — No  person  shall  maintain  or  operate  a 
wholesale  drug  store  or  drug  and  chemical  supply  house,  as  defined 
in  §  1  of  this  chapter,  without  a  special  permit. 

§  271.  Passageways. — On  each  floor  of  a  building  occupied  as  a 
wholesale  drug  store  or  drug  and  chemical  supply  house,  there  shall 
be  maintained,  at  distances  not  exceeding  15  feet  apart  nor  more  than 
15  feet  from  either  wall,  open  and  unobstructed  passageways  at  least 
three  feet  wide  extending  the  entire  length  of  the  floor;  and  there 
shall  be  also  maintained  similar  passageways  running  the  entire 
width  of  the  floor,  the  distance  between  which  or  from  walls  shall  not 
exceed  25  feet. 

§  272.  Restrictions. — No  permit  shall  be  issued  for  a  wholesale 
drug  store  or  drug  and  chemical  supply-house  in  any  building: 

(a)  Which  is  situated  within  50  feet  of  the  nearest  wall  of  any 
building  which  is  occupied  as  a  school,  hospital,  theatre,  or  other 
place  of  public  amusement  or  assembly; 

(b)  Which  is  occupied  as  a  tenement  house  or  hotel; 

(c)  Which  is  occupied  as  a  workshop  or  factory,  except  such  work- 
shop or  factory  is  incident  to  the  business  of  the  applicant;  or  except 
in  buildings  constructed  of  fire  resisting  materials  throughout,  and 
when  the  portion  of  such  building  occupied  by  the  applicant  is  sep- 
arated from  the  rest  of  the  building  by  fireproof  walls  and  floors; 

(d)  Which  is  not  equipped  with  a  fire  extinguishing  system  ap- 
proved by  the  fire  commissioner; 

(e)  Which  is  of  wooden  construction. 

§273.  Laboratory.  1.  Construction.— The  operation  of  compound- 
ing medicinal  preparations,  proprietary  articles  and  similar  ma- 
terials, or  analyzing  or  testing  drugs,  chemicals,  medicinal  prepara- 
tions, proprietary  articles  and  similar  materials,  when  explosive  or 
inflammable  substances  are  required,  shall  be  conducted  only  in  a 
room  or  part  of  the  premises  separated  from  the  rest  of  the  building 
by  fireproof  walls  and  floors  and  having  all  openings  thereto  fitted 
with  self-closing  fireproof  doors  and  windows. 

2.  Heating.  In  laboratory  operations  where  volatile  inflammable 
oils  or  liquids  are  used  as  solvents  or  otherwise  in  compounding, 
dispensing  or  preparing  medicinal  preparations,  proprietary  articles 
and  similar  materials,  or  in  recovering  such  solvents  by  distillation, 
the  source  of  heat  employed  shall  be  hot  water,  steam  or  electricity 


EXPLOSIVES   AND   HAZARDOUS  TRADES  321 

only;  the  use  of  an  open  flame  of  any  kind  being  expressly  for- 
bidden. 

§274.  Light  and  power.  1.  Lighting. — Cellars  and  basements 
used  by  wholesale  druggist  and  chemical  supply  house,  for  the  stor- 
age of  volatile  inflammable  liquids  shall  be  provided  with  a  sufficient 
number  of  incandescent  electric  lights  to  insure  proper  illumination 
throughout.  Such  lights  shall  be  fitted  with  keyless  sockets  and 
shall  be  controlled  by  a  switch  or  switches,  located  at  or  near  the 
entrance  to  such  cellar  or  basement  on  the  grade  floor,  with  a  sign 
at  such  switch  or  switches  reading  "Control  of  Basement  Lights." 
In  addition  to  the  lights  herein  provided  for,  there  may  be  installed 
such  individual  electric  lights  as  may  be  required,  provided  that 
they  shall  be  controlled  by  an  independent  circuit.  (Amend.  July  16, 
1915.) 

2.  Power.  No  electric  dynamo,  motor  hoist  or  other  electric  ap- 
pliance likely  to  produce  an  exposed  spark,  shall  be  allowed  in  a 
room  or  compartment  of  a  wholesale  drug  store  or  drug  and  chemical 
supply  house,  unless  it  be  protected  in  such  manner  as  is  prescribed 
by  the  fire  commissioner. 

§  275.  Prohibited  materials. — No  person  shall  manufacture  or 
store  in  a  wholesale  drug  store  or  drug  and  chemical  supply  house 
any  of  the  following  substances: 

1.  Acetylide  of  copper* 

2.  Amide  of  amine  explosive; 

3.  Chloride  of  nitrogen; 

4.  Colored  fire  in  any  form; 

5.  Cymogene   or  any   volatile   product   of   petroleum    (except 

rhigoline)  or  coal  tar  having  a  boiling  point  lower  than  60 
degrees  Fahrenheit; 

6.  Flashlight  powders; 

7.  Fulminate  or  any  fulminating  compound; 

8.  Guncotton; 

9.  Gunpowder  in  any  form; 

10.  Liquid  acetylene. 

11.  Nitro-glycerme,  except  in  official  U.  S.  Pharmacopoeia  solu- 

tion, or  in  form  of  pills,  tablets,  or  granules  containing  not 
more  than  l-50th  of  a  grain  each; 

12.  Picrates; 

13.  Potassium   chlorate  in  admixture  with  organic   substances 

or  with  phosphorus  or  sulphur;  provided  that  this  restric- 
tion shall  not  apply  to  the  manufacture  or  storage  of  tab- 
lets of  chlorate  of  potash  intended  for  use  solely  for  me- 
dicinal purposes; 

14.  Rubber  shoddy. 

§  276.  Quantities  of  supplies  allowed. — No  permit  shall  be  issued 
for  the  storage  in  a  wholesale  drug  store  or  drug  and  chemical  supply 
house  of  any  of  the  following  substances  in  quantities  greater  than 
those  set  forth  in  the  following  schedule: 

1.  Explosives. 

Amyl  nitrate  in  bottles 25  pounds 

Amyl  nitrate  in  pearls 100  gross 

Carbon  bisulphide 50  pounds 

Collodions 100  pounds  in  all 


322  CODE   OF   ORDINANCES  OF  THE   CITY   OF  NEW   YORK 

Gases,  liquefied: 

Anhydrous  ammonia 2  cylinders 

Carbon  dioxide 2  cylinders 

Nitrous  oxide 2  cylinders 

Oxygen 2  cylinders 

Sulphide  dioxide 2  cylinders 

Nitroglycerine,  1  per  cent,  solution  in  al- 
cohol   20  pounds 

Picric  acid 25  pounds 

Soluble  cotton 25  pounds  in  all 

2.  Volatile  inflammable  liquids  (insoluble}. 
Benzine,  benzole   or   naphthas  of   any 

kind 150  gallons  in  all 

Coal  tar 1  barrel 

Coal  tar  oils  (heavy) 10  barrels 

Crude  petroleum 1  barrel 

Ethyl  chloride  and  other  ethers 200  pounds  in  all 

Ether,  nitrous 100  pounds  in  5-pound 

package  or  less 

Ether,  sulphuric 500  pounds 

Rhigoline 2  dozen  1-pound  tins 

Varnishes,  lacquers,  etc 275  gallons  in  all 

Wood  creosote 5  barrels 

3.  Volatile  inflammable  liquids  (soluble). 

Acetone 1  barrel 

Alcohol,  denatured 10  barrels 

Alcohol,  ethyl 10  barrels 

Alcohol,  methyl 10  barrels 

Aldehyde,  ethyl 5  gallons 

4.  Non-volatile  inflammable  liquids  (insoluble). 

Amyl  acetate 10  barrels 

Amyl  alcohol 10  barrels 

Aniline  oil 5  drums 

Cumol 5  barrels 

Essential  oils 10,000  pounds  in  all 

Kerosene 1  barrel 

Nitrobenzole 5  drums 

Terebene 100  pounds 

Turpentine 10  barrels 

Toluol 350  pounds 

Xylol 100  pounds 

5.  Non-volatile  inflammable  liquids  (soluble). 
Glycerine 5,000  pounds 

6.  Combustible  solids. 

Metallic  magnesium 100  pounds 

Phosphorus 11  pounds 

Phosphorus,  red 11  pounds 

Sulphur 25  barrels  in  all 

7.  Gums,  resins,  pitch,  etc. 

Burgundy  pitch 5,000  pounds 

Camphor 8,000  pounds 

Gum  thus 5  barrels 

Naphthaline .  .  50  barrels  in  all 


EXPLOSIVES    AND    HAZARDOUS   TRADES  323 

Pitch  (coal  tar  pitch) 2  barrels 

Resins,     balsams     and    other    varnish 

gums 8,000  pounds  in  all 

Resin 5  barrels 

Shellac 2,500  pounds 

Stockholm  tar 1,000  pounds 

Tar  refined  (wood) 10  barrels 

Venice  turpentine 2,000  pounds 

8.  Combustible  fibres  and  powders  (vegetable). 

Cotton,  absorbent 2,000  pounds 

Cotton  batting 10  Dales 

Excelsior 25  bales 

Flax 20  bales 

Jute 25  bales 

Lampblack 10  barrels 

Lycopodium 2,000  pounds 

Oakum 2  bales 

Pulverized  charcoal 10  barrels 

Sawdust 15  bags 

Straw  packing 10  bales 

9.  Dangerously  corrosive  adds. 

Anhydrous  acetic 500  pounds 

Carbolic 15,000  pounds 

Glacial  acetic 2,000  pounds 

Hydrochloric 15  carboys 

Hydrofluoric 500  pounds 

Sulphuric 15  carboys 

10.  Acids. 

Chromic 100  pounds 

lodic 5  pounds 

Nitric 3  carboys 

Nitric  fuming 25  pounds 

Periodic 2  pounds 

11.  Peroxides. 

Barium 2  casks 

Calcium 100  pounds 

Hydrogen,  U.  S.  P 5,000  pounds 

Other  hydrogen  peroxides,  over  3  per 

cent.,  not  to  exceed  15  per  cent 500  pounds 

Potassium 10  pounds 

Sodium 25  pounds 

12.  Chlorates. 

Barium 500  pounds 

Other  metallic 100  pounds  in  all 

Potassium 1,000  pounds 

Sodium 1,000  pounds 

13.  Perchlorates. 

Potassium 10  pounds 

Other  metallic  perchlorates 10  pounds  in  all 

14.  Permanganates. 

Potassium 1,000  pounds 

Sodium 100  pounds 

Other  metallic  permanganates 100  pounds  in  all 


324  CODE   OF   ORDINANCES   OF   THE   CITY   OF   NEW   YORK 

15.  Nitrates. 

Barium 1,200  pounds 

Bismuth  subnitrate 2,500  pounds 

Cobalt 1,000  pounds 

Copper 100  pounds 

Iron,  ferric 200  pounds 

Mercury  (mercuric) 100  pounds 

Mercury  (mercurous) 10  pounds 

Potassium 2,000  pounds 

Silver 50  pounds 

Sodium 1,000  pounds 

Strontium 1,200  pounds 

Other  metallic 500  pounds  in  all 

16.  Metallic  oxides. 

Lead  binoxide .  . 25  pounds 

Lead  (litharge) 1,200  pounds 

Lead  (red) 500  pounds 

Mercury;  yellow  precipitate  (mercurous)  200  pounds 

Mercury;  red  precipitate  (mercuric)..  . .  100  pounds 

Silver 10  pounds 

17.  Substances  made  dangerous  by  con- 

tact with  other  substances. 

Calcium  carbide 60  pounds 

Metallic  potassium 5  pounds 

Metallic  sodium 5  pounds 

All  other  metals  of  the  alkalies  or  alka- 
line earths 5  pounds  in  all 

Phosphides 10  pounds 

Zinc  dust 100  pounds. 

The  fire  commissioner  may  in  his  discretion,  and  when  no  unusual 
hazard  is  presented  thereby,  authorize  the  storage  of  greater  quan- 
tities than  those  set  forth  in  the  foregoing  schedule,  or  the  storage 
of  other  substances  not  specified  therein.  (Amend.  July  16,  1915.) 

§277.  Storage.  1.  Chemical  affinity. — No  person  shall  store 
chemicals  in  close  proximity  to  each  other  when  they  are  of  an 
explosive  nature,  or  when  one  increases  the  energy  of  decomposition 
of  the  other,  or  when  they  are  so  constituted  that  they  may  react 
upon  one  another  and  become  explosive  or  inflammable. 

2.  Liquids.    The  storage  of  acids  or  liquid  chemicals  which  may 
cause  explosions  or  combustion  by  flowing  into,  upon  or  among 
chemicals  or  other  substances,  shall  be  provided  with  safety  catch 
basins  or  similar  device,  so  that  in  case  of  the  leakage  of  such  acids 
or  liquids  no  danger  to  life  or  property  will  result.    Carboys  contain- 
ing nitric  acid  shall  be  stored  only  on  brick  concrete  or  asphalt  floors, 
and  in  a  vault  or  vaults  situated  below  the  street  level;  and  it  shall 
be  unlawful  to  permit  sawdust,  hay,  excelsior,  or  any  organic  sub- 
stance, or  other  acids  or  chemicals  in  close  proximity  to  such  carboys 
or  stocks  of  nitric  acid.    A  sufficient  quantity  of  sand  or  infusorial 
earth  shall  be  provided  for  absorbing  all  waste  liquids  from  floors. 
(Amend.  July  16  1915.) 

3.  Volatile  inflammable  oil.    Volatile  inflammable  oils,  or  liquids 
containing  volatile  inflammable  oil,  shall  be  stored  in  conformity, 
with  the  provisions  of  articles  8,  9  and  10  hereof. 


EXPLOSIVES   AND    HAZARDOUS   TRADES  325 

§  278.  Supervision. — Each  wholesale  drug  store  or  drug  and 
chemical  supply  house  shall  be  continuously  under  the  care  and 
supervision  of  one  or  more  persons,  each  holding  a  certificate  of 
fitness  as  manager  or  superintendent  or  foreman  thereof.  The  num- 
ber of  persons  required  to  hold  such  certificates  shall  be  stated  in  the 
permit. 

§  279.  Fire  prevention.  1.  Combustible  waste. — No  person  shall 
store  or  accumulate  broken  wood,  waste  paper  or  waste  packing 
material  of  any  kind  in  any  part  of  the  building  where  goods  are 
packed  or  unpacked;  such  material  shall  be  removed  at  the  close  of 
each  day.  Empty  barrels,  drums  or  containers  from  which  volatile 
inflammable  oil  or  other  inflammable  liquid  has  been  taken,  shall  be 
removed  from  the  premises  as  soon  as  possible,  and  in  no  case  shall 
they  be  stored  therein  more  than  24  hours. 

2.  Matches.    No  person  shall  keep  or  carry  matches  in  a  cellar  or 
in  a  packing  room  of  a  wholesale  drug  store  or  drug  and  chemical 
supply  house,  or  in  any  part  of  the  premises  where  volatile  inflam- 

)le  oils  or  highly  combustible  substances  are  stored  or  handled. 

3.  Packing  rooms.    Packing  rooms  shall  be  located  as  remotely  aa 
practicable  from  large  stocks  of  stored  goods;  and  the  packing  room 
floor  shall  be  kept  as  free  as  possible  from  hay,  excelsior  and  other 
combustible  packing  material  during  work  hours.    At  the  close  of 
each  day,  tables,  floors  and  all  parts  of  the  packing  room  shall  be 
swept  clean  of  such  materials,  and  the  sweepings  gathered  into  a 
metal  box  or  other  proper  receptacle,  which  shall  be  kept  closed  at 
night. 

ARTICLE  25 

RETAIL  DRUG   STORES 

Sec.  290.  Permit;  restrictions. 

§  291.  Quantities  of  supplies  allowed. 

§  292.  Storage. 

§  293.  Fire  prevention. 

Sec.  290.  Permit;  restrictions — No  person  shall  maintain  or  op- 
erate a  retail  drug  store,  as  defined  in  §  1  of  this  chapter,  without  a 
permit,  but  no  such  permit  shall  be  issued  authorizing  the  manufac- 
ture, compounding,  dispensing  or  storing  of  any  of  the  drugs  or 
chemicals  specified  in  §  275  of  this  chapter. 

§  291.  Quantities  of  supplies  allowed. — No  permit  shall  be  issued 
for  the  storage,  sale  or  use  in  a  retail  drug  store  of  any  of  the  follow- 
ing substances  in  quantities  greater  than  those  set  forth  in  the  fol- 
lowing schedule: 

1.  Adds. 

Carbolic 100  pounds 

Hydrochloric 200  pounds 

Nitric 15  pounds 

Picric 1  ounce 

Sulphuric 200  pounds 

2.  Volatile  inflammable  liquids. 

Acetone 5  pounds 

Amyl  acetate 1  gallon 


326  CODE   OF   ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

Amyl  alcohol 1  gaiion 

Amyl  nitrate 2  ounces  in  1-ounce  bottles 

6  dozen  pearls 

Ethyl  alcohol 1  barrel 

Benzine,  benzole  and  naphtha  of  any 

kind 5  gallons  in  4-ounce  bottles 

or  pint  tins 

Carbon  bisulphide 3  pounds 

Collodion 5  pounds 

Denatured  alcohol 1  barrel 

Ether,  sulphuric 5  pounds 

Methyl  alcohol 1  barrel 

Other  ethers,  in  all 2  pounds 

Turpentine 1  barrel 

3.  Inflammable  liquids. 

Essential  oils 100  pounds  in  all 

Glycerine 500  pounds 

Pine  tar 10  pounds 

4.  Combustible  solids. 

Aluminum  (powder) 1  pound 

Balsams  and  resins 50  pounds  in  all 

Camphor 350  pounds 

Charcoal,  powdered 10  pounds 

Lampblack 10  pounds 

Magnesium  (powder) 8  ounces 

Magnesium  (ribbon) 8  ounces 

Naphthalene 4  barrels 

Phosphorus,  red 2  ounces 

Phosphorus,  yellow 1  ounce 

Rosin 10  pounds 

Sulphur  and  brimstone 250  pounds  in  all 

5.  Combustible  fibres. 

Cotton,  absorbent 150  pounds  hi  cartons 

Cotton,  batts 10  pounds  in  closed  boxes  or 

other  containers 

Cotton,  loose 5  pounds  in  closed  boxes  or 

other  containers 

Excelsior,  hay  and  straw 2  bales  (except  in  stores  lo- 
cated in  tenement  houses) 

Lint 10  pounds  in  closed  boxes  or 

other  containers 

Oakum 10  pounds  in  closed  boxes  or 

other  containers 

6.  Oxidizers. 

Barium  peroxide 1  pound 

Bismuth  subnitrate 20  pounds 

Calcium  peroxide 5  pounds 

Chromic  acid 1  pound 

Lead  oxide  (red) 5  pounds 

Lime,  unslaked .  . 200  pounds  in  sealed  metal 

cans 
All  other  metallic  bichromates  or  chro- 

mates 50  pounds  in  all 


EXPLOSIVES   AND   HAZARDOUS   TRADES  327 

Mercuric  oxide  (red) 2  pounds 

Mercurous  oxide 2  pounds 

Mercury  nitrate 1  pound 

Phosphides 10  ounces  in  all 

Potassium  bichromate 10  pounds 

Potassium  chlorate 25  pounds  in  5-pound  con- 
tainers or  less 

Potassium  nitrate 50  pounds 

Potassium  perchlorate 1  ounce 

Potassium  permanganate 5  pounds 

Silver  nitrate 1  pound 

Silver  oxide 1  ounce 

Sodium  bichromate 10  pounds 

Sodium  chlorate 5  pounds 

Sodium  nitrate 25  pounds 

Sodium  permanganate 1  pound 

The  fire  commissioner  may  in  his  discretion,  when  no  extra  hazard 
is  permitted  thereby,  authorize  the  storage  of  larger  quantities  of 
substances  than  those  set  forth  in  the  foregoing  schedule,  or  of  other 
explosives  or  inflammable  substances  not  specifically  named  therein. 
(Amend.  May  25,  1915.) 

§292.  Storage.  1.  Chemical  affinities.— No  person  shall  store 
chemicals  in  close  proximity  to  each  other  when  they  are  of  an 
explosive  nature,  nor  when  one  increases  the  energy  of  decomposition 
of  the  other,  nor  when  they  are  so  constituted  that  they  may  react 
upon  one  another  and  become  explosive  or  inflammable; 

2.  Volatile  inflammable  oils.  No  person  shall  manufacture,  com- 
pound, store  or  dispense  volatile  inflammable  oil,  or  substances  con- 
taining volatile  inflammable  oil,  except  under  the  conditions  pre- 
scribed in  articles  8,  9  and  10  of  this  chapter. 

§  293.  Fire  prevention.  1.  Combustible  waste. — No  person  shall 
store  or  accumulate  broken  wood,  waste  paper,  or  waste  packing 
material  of  any  kind,  in  any  part  of  the  premises  where  goods  are 
packed  or  unpacked.  Such  materials  shall  be  removed  at  the  close  of 
the  day. 

2.  Lighting.  Cellars  and  basements  used  by  retail  drug  stores  for 
the  storage  of  volatile  inflammable  liquids  shall  be  provided  with  a 
sufficient  number  of  incandescent  electric  lights  to  insure  proper 
illumination  throughout.  Such  lights  shall  be  fitted  with  keyless 
sockets  and  shall  be  controlled  by  a  switch  or  switches,  located  at 
or  near  the  entrance  to  such  cellar  or  basement  on  the  grade  floor, 
with  a  sign  at  such  switch  or  switches  reading  "Control  of  Base- 
ment Lights."  In  addition  to  the  lights  herein  provided  for,  there 
may  be  installed  such  individual  electric  lights  as  may  be  required, 
provided  that  they  shall  be  controlled  by  an  independent  circuit. 
(Amend.  May  25, 1915.) 


328  CODE   OP   ORDINANCES  OP  THE   CITY   OP  NEW   YORK 


Sec.  300.  Violations. 


ARTICLE  26 

MISCELLANEOUS 


Sec.  300.  Violations. — Any  person  who  shall  willfully  violate 
or  neglect  or  refuse  to  comply  with  any  provision  of  this  chapter, 
in  addition  to  any  other  penalties  prescribed  by  law  or  ordinance, 
shall,  upon  conviction,  be  punished  by  a  fine  of  not  more  than  $500 
or  by  imprisonment  not  exceeding  6  months,  or  by  both  such  fine 
and  imprisonment.  (Amend.  May  25,  1915.) 


FIRE-ARMS  329 


CHAPTER  11 

Fire-Anns 

Article  1.  General  provisions. 

ARTICLE  1 

GENERAL,  PROVISIONS 

Sec.  1.  Pistols  or  revolvers,  keeping  or  carrying. 
§  2.  Discharge  of  small-arms. 
§  3.  Sale  of  toy-pistols. 
§  4.  Cannon  firing. 
§  5.  Violations. 

Sec.  1.  Pistols  or  revolvers;  keeping  or  carrying. — Every  person  to 
whom  a  license  shall  be  granted  to  have  and  possess  a  pistol  or  revolver 
in  a  dwelling  or  place  of  business  in  the  city  shall  pay  therefor  an  an- 
nual fee  of  $1.  Every  person  to  whom  a  license  shall  be  granted  to  have 
and  carry  concealed  a  pistol  or  revolver  in  the  city  shall  pay  therefor 
an  annual  fee  of  $1.00;  provided,  that  no  fee  shall  be  charged  or  collected 
for  a  license  to  have  and  carry  concealed  a  pistol  or  revolver  which  shall 
be  issued  upon  the  application  of  the  commissioner  of  correction,  or 
the  warden  or  superintendent  of  any  prison,  penitentiary,  workhouse 
or  other  institution  for  the  detention  of  persons  convicted  or  accused 
of  crime  or  offense,  or  held  as  witnesses  in  criminal  cases  in  the  city. 
The  fees  prescribed  by  this  section  shall  be  collected  by  the  officials 
issuing  the  licenses  referred  to  herein  and  shall  be  paid  by  them  into 
the  police  pension  fund,  and  a  return  in  detail  shall  be  made  monthly 
to  the  comptroller  by  such  officials  of  the  fees  so  collected  and  paid  over 
by  them.  (Amend.  May  11,  1915.) 

See  the  "Sullivan  Law,"  L.  1914,  ch.  460,  §  1897,  Penal  Law. 

§  2.  Discharge  of  small-arms. — No  person  shall  fire  or  discharge 
any  gun,  pistol,  rifle,  fowling-piece  or  other  firearms  in  the  city;  pro- 
vided that  the  provisions  of  this  section  shall  not  apply  to  the  following 
places: 

1.  In  the  Borough  of  Manhattan. 

Subd.  1.  The  territory  embraced  within  the  areas  of  the  three  reser- 
voirs in  Central  Park,  including  the  embankments  thereof,  to  enable 
the  Commissioner  of  Water  Supply,  Gas  and  Electricity  preserve 
waters  of  the  city  from  pollution  by  seagulls;  the  bulkhead  shed  of 
Pier  58,  North  River,  on  the  street  level,  occupied  by  the  Mercantile  Ma- 
rine Rifle  Club;  the  premises  of  the  Bohemian  American  Sharp  Shooters 
Concord,  located  at  321-325  East  73rd  street;  Grand  Central  Palace 
on  Lexington  Avenue  between  46th  and  47th  streets;  the  quarters  of 
tin-  Inwood  Division  of  the  Home  Defense  League  at  4880  Broadway; 
the  quarters  of  the  Rifle  and  Revolver  Club  of  New  York,  Inc.,  in  the 
basement  of  the  premises  located  at  No.  1140  St.  Nicholas  Avenue; 
the  I'olo  Grounds,  8th  Avenue  at  157th  street;  the  grounds  of  the  New 
York  Motor  Boat  Club  on  the  Hudson  River,  west  of  the  railroad  tracks, 
extending  from  tho  north  side  of  146th  Street,  to  the  south  side  of 
148th  Street ;  the  sub-basement  of  the  premises  of  The  Chemical  Na- 
tional  Hank  at  270  Broadway. 

2.  In  the  Borough  of  The  Bronx. — The  Country  Club,  on  Eastchester 
Bay;  tho  grounds  of   IVlham  Gun  Club,  foot  of  East  Scofield  street, 


330  CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK 

City  Island;  the  grounds  of  the  City  Island  Yacht  Club,  at  the  foot 
of  Cross  street,  City  Island;  the  grounds  of  the  Pleasant  Bay  Gun  Club 
at  Morris'  Cove,  Ferry  Point  road,  Unionport;  the  grounds  of  the 
Bronx  County  Rod  and  Gun  Club,  at  Higgs  Beach,  Clascn  Point;  the 
grounds  of  the  Whitcomb  Gun  Club,  on  the  Schieffelin  Estate  in  Eden- 
wald.  The  grounds  of  the  Harlem  Yacht  Club,  Inc.,  at  Hunter  avenue, 
about  150  feet  north  of  Dittmar  street,  on  Pelham  Bay,  City  Island 
the  grounds  of  the  Pelham  Gun  and  Boat  Club  at  the  foot  of  Dittmar 
street,  City  Island;  the  grounds  of  the  Whitcomb  Gun  Club  at  the 
Eastern  Boulevard  and  Fort  Schuyler  road;  the  grounds  of  the  Broad 
Channel  Yacht  Club  on  Jamaica  Bay,  on  the  easterly  side  of  the  railroad 
trestle  extending  200  feet  over  the  waters  of  Jamaica  Bay;  the  grounds 
of  the  Horace  Mann  School  for  Boys,  at  Fieldston  road  and  West  252d 
street;  the  grounds  of  the  Miss'um  Gun  Club,  on  the  westerly  side  of 
Pelham  Bay,  150  feet  south  of  Layton  avenue,  Throgg's  Neck;  the 
grounds  of  Macombs  Dam  Park  used  by  the  War  Department  Em- 
ployees Welfare  Association,  Inc.,  the  grounds  of  the  Old  Crow  Gun 
Club,  at  Morris'  Cove,  Ferry  Point  Road,  Unionport;  the  grounds 
of  the  Hunter  Island  Gun  Club,  located  on  the  west  side  of  Shore  road, 
100  feet  south  of  Phillips  avenue,  Throggs  Neck;  the  quarters  of  the 
Boys'  Club  in  the  basement  of  the  Emanuel  Baptist  Church,  216th 
street  and  White  Plains  avenue;  the  athletic  field  of  the  Clason  Point 
Military  Academy,  located  west  of  Sound  View  avenue,  Clason  Point. 

3.  In  the  Borough  of  Brooklyn. — The  grounds  of  the  Bergen  Beach 
Gun  Club,  in  Bergen  Beach;  the  grounds  of  the  Bensonhurst  Yacht 
Club,   at  the  foot  of  Twenty-second  avenue,  facing  Gravesend  Bay; 
the  grounds  of  the  Bay  View  Gun  Club,  in  the  meadow  lands,  south- 
east corner  of  Cleveland  street  and  Vandalia  avenue,  New  Lots;  the 
grounds  of  the  Millrose  Athletic  Association,  at  the  foot  of  Bay  Eleventh 
street,  Bath  Beach;  the  grounds  of  Thomas  J.  Dunne,  located  on  the 
East  side  of  Surf  avenue,  distant  100  feet  east  of  West  35th  street, 
Coney  Island;  the  grounds  of  the  United  Sporting  Club,  on  the  meadow 
lands  south  of  the  corner  of  Jerome  street  and  Fairfield  avenue,  New 
Lots;  the  grounds  of  the  Excelsior  Bensonhurst  Gun  Club,  Abraham's 
Hotel,  Conklin  avenue  and  East  95th  street;  the  grounds  of  the  Marine 
and  Field  Club,  Cropsey  avenue  and  Bay,  13th  street;  the  grounds  of 
Boy  Scout  Troop  No.  9,  located  in  the  sand  pit  near  the  corner  of  Far- 
ragut  Road  and    East  41st  street;  the  basement  of  the  Community 
House,  First  Baptist  Church,  Lee  avenue  and  Keap  street. 

4.  In  the  Borough  of  Queens. — The  Oakland  Golf  Club,  Bayside  and 
meadowland  on  Flushing  creek;   Cypress  Hills  Park,   Evergreen;   the 
grounds  of  the  Stimmel  Rod  and  Gun  Club,  foot  of  Bayside  avenue, 
Whitestone;  the  grounds  of  the  Bayside  Yacht  Club  on  Little  Neck 
bay;  the  grounds  of  the  College  Point  Gun  Club  in  the  meadow  lands 
at  the  southeast  corner  of  College  Point  causeway  and  Eleventh  avenue, 
College  Point;  the  grounds  of  the  Long  Island  Rifle  Club  at  Rosedale 
avenue  and  Foster's  Meadow  road,  Rosedale;  the  grounds  of  the  Forest 
Hills  Country  Club,  on  the  Flushing  meadow  at  the  southwest  corner 
of  Ibis  street  and  Water-edge  avenue,  Forest  Hills;  Witzell's  Grove,  at 
College  Point;  the  grounds  of  the  Little  Neck  Yacht  Club,  located  at 
the  sandpit  on  Little  Neck  bay;  the  grounds  of  the  Jamaica  Bay  Yacht 
Club,  located  at  Rockaway  Beach;  the  grounds  of  the  College  Point 
Gun  Club,  located  on  the  meadow  land  between  College  Point  and 
Flushing,  bounded  as  follows:  on  the  east  by  the  tracks  of  the  Long 
Island  Railroad,  on  the  west  by  the  Causeway,  on  the  north  by  College 
Point,  and  on  the  south  by  Flushing;  the  grounds  of  the  College  Point 
Rifle  Club,  25th  street  and  Third  avenue,  Whitestone;  the  grounds  of 
the  Little  Neck  Bay  Yacht  Club,  Bayside;  the  grounds  of  the  Jamaica 
Avenue  Gun  Club,  between  Brandt's  Hotel  and  Union  Turnpike,  Flush- 
ing; the'  grounds  of  the  Malba  Field  and  Marine  Club,  Malba;  the 
premises  of  James   I.   Reynolds,   24   Degrauw  Avenue,  Jamaica;   the 


FIRE-ARMS  331 

grounds  of  the  Douglaston  Company  of  the  Home  Defense  League  in 
the  gravel  pit  east  of  Jackson  avenue,  on  the  road  to  the  water  works, 
Douglaston;  the  grounds  of  the  Forest  Hills  Gun  Club,  situated  on  the 
marsh  lands  east  of  Seminole  avenue,  Forest  Hills;  the  premises  of  the 
General  Chemical  Company,  situated  between  Montgomery,  Hobson 
and  Halle  Avenues,  and  the  Long  Island  Railroad,  Laurel  Hill;  the 
quarters  of  Company  A  of  the  Home  Defense  League,  in  the  cellar  of 
the  old  armory  on  Amity  Street,  Flushing;  the  grounds  of  the  Flushing 
Rod  and  Gun  Club,  on  the  south  side  of  Flushing  Creek,  west  of  Strong's 
Causeway;  the  grounds  of  the  Kew  Gardens  Country  Club,  located 
in  Kew  Gardens,  Richmond  Hill,  Long  Island. 

5.  In  the  Borough  of  Richmond. — The  Robin  Hood  Gun  Club,  Fourth 
ward;  Westerleigh  Men's  Club,  south  of  Main  street,  West  New  Brighton; 
the  grounds  of  the  Northfield  Gun  Club  on  Old  Stone  Park,  Granite- 
ville,  Third  ward;  the  field  of  the  West  End  Gun  Club,  situated  on 
Woodrow  road,  midway  between  Huguenot  avenue  and  Foster  road, 
Huguenot;  the  grounds  assigned  to  the  use  of  the  Boys'  Brigade  on 
the  Cole  farm  at  Great  Kills;  the  grounds  of  the  Kreischerville  Rifle 
Club,  located  near  Kreischerville,  about  500  yards  east  of  Fresh  Kill 
road  and  200  yards  south  of  Sharrott's  road.  (Amend,  ord.  effective 
June  5,  1916.) 

As  amended  at  various  times. 

§  3.  Sale  of  toy-pistols. — No  person  shall  sell  or  dispose  of  to  a  minor 
any  toy-pistol  or  pistol  that  can  be  loaded  with  powder  and  ball  or 
blank  cartridge  to  be  exploded  by  means  of  metal  caps;  but  nothing 
herein  contained  shall  apply  to  the  sale  or  disposal  of  what  are  known 
as  firecracker  pistols,  torpedo  pistols  or  such  pistols  as  are  used  for 
the  explosion  of  paper  caps. 

§  4.  Cannon  firing, — No  member  of  a  military  organization  nor 
any  other  person  shall  discharge  a  cannon  or  other  piece  of  artillery, 
without  a  permit  from  the  mayor  so  to  dp;  but,  in  no  case  shall  the 
calibre  of  the  cannon  or  other  piece  of  artillery  discharged  or  fired  ex- 
ceed that  of  a  4-pounder.  The  provisions  of  this  section,  except  that 
relating  to  the  calibre  of  the  gun,  shall  not  be  operative  on  July  4th, 
in  each  year. 

§  5.  Violations. — Any  person  who  shall  willfully  violate  any  provi- 
sion of  this  chapter,  shall,  upon  conviction,  be  punished  by  a  fine  of 
not  more  than  $50,  or  by  imprisonment  not  exceeding  30  days,  or  by 
both  such  fine  and  imprisonment. 


332  CODE    OF   ORDINANCES   OF   THE   CITY   OF   NEW    YORK 


CHAPTER  12 
Fires  and  Fire  Prevention 

Article  1.  Fire  extinction. 
2.  Fire  prevention. 

ARTICLE  1 

FIRE   EXTINCTION 

Sec.  1.  Jurisdiction  over  harbor  fires. 

2.  Idle  or  suspicious  persons  may  be  dispersed. 

3.  Fire  hose;  hose  bridges. 

4.  Fire-hydrants. 

5.  Fire-alarm  telegraph. 

6.  Street-fires,  permits  required. 

7.  Violations. 

Sec.  1.  Jurisdiction  over  harbor  fires. — In  case  of  fire  occurring 
on  any  vessel  in  the  port  of  New  York,  or  in  or  upon  any  dock, 
wharf,  pier,  warehouse,  building  or  other  structure  bordering  upon 
or  adjacent  to  said  port,  full  power  and  authority  to  direct  and  com- 
mand the  operation  of  extinguishing  said  fire,  and  to  take  the  neces- 
sary precautions  to  prevent  communication  thereof  to  the  shipping 
in  said  port  or  to  the  docks,  wharves,  piers,  warehouses  or  other 
buildings  or  structures  bordering  upon  or  adjacent  thereto,  shall 
be  vested  in  the  fire  department  of  the  city.  The  officers  of  the  fire 
department,  in  charge  at  the  scene  of  any  such  fire,  shall  have  full 
power  and  authority  to  direct  the  operation  of  extinguishing  the 
same,  and  to  take  the  necessary  precautions  to  prevent  the  com- 
munication thereof  to  the  shipping  in  said  port,  or  to  any  docks, 
wharves,  piers,  warehouses  or  other  buildings  or  structures  bordering 
upon  or  adjacent  thereto;  and,  in  the  course  of  such  operation,  they 
may  prohibit  the  approach  to  such  fire,  or  to  a  vessel,  dock,  wharf, 
pier,  warehouse  or  other  building  or  structure  in  danger  therefrom, 
of  any  tugboat  or  other  vessel,  or  of  any  person;  or  may  remove,  or 
cause  to  be  removed  and  kept  away  from  the  vicinity  of  such  fire, 
all  tugboats  or  other  vessels,  all  idle  and  suspicious  persons  and  all 
persons  not  fit  to  be  employed,  or  not  actually  and  usefully  employed, 
in  their  judgment,  in  aiding  the  extinguishing  of  such  fire  or  in  the 
preservation  of  property  in  the  vicinity  thereof.  No  person  shall 
in  any  way  obstruct  the  operations  of  the  fire  department  in  con- 
nection with  any  harbor  fire,  nor  disobey  any  lawful  command  of 
the  officers  of  the  department,  in  charge  at  the  scene  of  such  fire,  or 
of  the  police  in  co-operating  with  them;  provided,  that  nothing  in 
this  section  contained  shall  be  construed  to  limit  the  authority  of 
the  master  or  officers  of  any  vessel,  on  fire  or  in  danger  from  fire, 
subject  to  the  general  authority  granted  herein  of  the  department 


FIRES   AND    FIRE    PREVENTION  333 

to  control  operations  in  the  protection  of  the  public  interests.  (Char- 
ter, §  756.) 

§  2.  Idle  or  suspicious  persons  may  be  dispersed. — During  the 
actual  prevalence  of  any  fire,  the  officers  of  the  police  and  fire  de- 
partment shall  remove,  or  cause  to  be  removed  and  kept  away  from 
the  vicinity  of  such  fire,  all  idle  and  suspicious  persons,  and  all  per- 
sons not  fit  to  be  employed,  or  not  actually  and  usefully  employed 
in  aiding  the  extinguishment  of  such  fire  or  in  the  preservation  of 
property  in  the  vicinity  thereof.  (Charter,  §  755.) 

§  3.  Fire  hose;  hose-bridges. — No  driver  of  a  vehicle,  nor  chauffeur 
of  a  motor-vehicle,  shall  drive  any  such  vehicle  over  or  across  any 
hose  in  use,  or  about  to  be  used,  or  while  lying  in  the  carriageway 
after  being  used  by  any  portion  of  the  fire  department,  for  extin- 
guishing fire;  but  the  provisions  of  this  section  shall  not  apply  to 
drivers  of  wagons  carrying  the  United  States  mail,  nor  to  drivers  of 
ambulances  when  conveying  any  patient  or  injured  person  to  any 
hospital,  or  when  proceeding  to  the  scene  of  any  accident  by  which 
any  person  or  persons  have  been  injured;  nor  to  the  driver  of  any 
vehicle  directed  or  permitted  to  drive  over  or  across  any  such  hose,  by 
the  officer  of  the  fire  department  in  command  of  the  force  operating 
at  a  fire.  The  fire  commissioner  is  empowered  to  provide  for  laying 
fire  hose  over  the  railway  tracks  of  the  city,  when  necessary,  by 
suitable  hose-bridges.  Railway  companies  operating  cars  within  the 
city  shall  provide,  pay  for  and  use  such  hose-bridges  as  may  be 
designated  by  the  commissioner.  (Charter,  §  749  and  C.  O.) 

§  4.  Fire-hydrants.  1.  Opening  or  tampering  with. — No  person, 
other  than  an  employee  of  the  department  of  water  supply,  gas  and 
electricity,  or  the  fire  department,  shall  open,  use  or  tamper  with  a 
fire-hydrant  or  high-pressure  hydrant,  without  previous  permission 
in  writing  from  the  commissioner  of  water  supply,  gas  and  electricity: 
nor  shall  any  person  leave  such  a  hydrant  open  for  a  longer  period 
than  shall  be  limited  in  the  permission  or  use  water  for  other  purposes 
than  shall  have  been  authorized  by  the  commissioner. 

2.  Obstructing.  No  person  shall  in  any  manner  obstruct  the  use  of 
any  fire  hydrant,  or  allow  any  snow  or  ice  to  be  thrown  or  piled  upon 
or  around  the  same,  or  place,  or  allow  to  be  placed,  any  material  or 
thing  in  front  thereof,  from  the  curb  line  to  the  center  of  the  street 
and  to  within  10  feet  from  either  side  thereof.  All  snow  and  ice 
accumulating  in  the  street,  within  the  space  hereinbefore  mentioned, 
shall  be  removed  by  the  owner,  lessee,  or  tenant,  of  the  premises 
fronting  the  said  space,  hi  the  same  manner  as  is  prescribed  for  the 
keeping  clear  of  the  sidewalk.  All  material  or  things  found  obstruct- 
ing any  fire  hydrant  may  be  forthwith  removed  by  the  officers  or 
employees  of  the  fire  department,  at  the  risk,  cost  and  expense,  of 
the  owner  or  claimant.  The  fire  commissioner  shall  take  all  proper 
measures  to  keep  hydrants  from  freezing,  and  hi  proper  condition  for 
use  at  all  times.  (C.  O.  §  288,  with  §  750,  Charter.) 

§  5.  Fire-alarm  telegraph.  1.  Protection  of. — The  fire-alarm  tele- 
graph system  shall  not  be  operated  or  used  except  by  the  fire  com- 
missioner, or  officers  and  employees  of  the  fire  department  charged 
with  its  operation  or  maintenance  or  authorized  to  use  it  for  instruc- 
tion or  drill;  provided  policemen  and  citizens  may  freely  operate  the 
<same  to  communicate  actual  alarms  of  fire.  No  person  shall  use  the 


334  CODE   OF   ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

keys  or  appliances  thereof  for  communicating  a  false  alarm;  nor  shaft 
any  person  experiment  or  tamper  therewith,  for  any  purpose  what- 
ever, or  have  or  possess  any  key  thereof,  without  such  authority. 
No  person  shall  post,  paint,  impress,  or  in  any  way  affix  to  any  pole 
connected  with  the  fire-alarm  telegraph,  or  any  box,  wire  or  other 
appliance  connected  therewith,  any  placard,  sign,  broadside,  notice, 
or  announcement  of  any  kind;  nor  shall  any  person  cut,  mutilate, 
alter,  mar,  deface,  cover,  obstruct  or  interfere  with  the  same  in  any 
manner  whatsoever;  nor  paint  or  cause  to  be  painted,  the  poles  of 
any  other  telegraph,  or  any  other  poles  on  the  lines  thereof,  of  a 
similar  color  or  colors,  or  in  imitation  thereof,  nor  consent,  allow,  or 
be  privy  to  any  of  said  things  being  done  for  them  or  upon  their  be- 
half. 

2.  Kite  flying.    No  kite  shall  be  flown,  raised,  or  put  up  in  any 
street  adjacent  to  the  lines  of  said  telegraph,  or  be  allowed  to  become 
entangled  with  the  wires  or  apparatus  thereof. 

3.  False  alarms.     No  person  shall  willfully  or  designedly  raise, 
create  or  continue  a  false  alarm  of  fire,  or  aid,  abet  or  assist  in  raising, 
creating  or  continuing  such  a  false  alarm.     (Charter,  §  729  in  part, 
and  C.  O.,  §  532.) 

Police  officers  are  specially  charged  and  directed  to  aid  in  the  en- 
forcement of  this  section. 

§  6.  Street  fires;  permits  required. — No  person  shall  kindle,  build, 
maintain  or  use  a  fire  upon  any  dock,  pier  or  bulkhead;  nor  hi  or 
upon  a  street  or  vacant  lot,  without  a  permit  from  the  fire  commis- 
sioner. A  permit  to  kindle,  build,  maintain  and  use  a  fire  in  or  upon 
a  public  street  for  the  purpose  of  conducting  a  trade  or  business  may 
be  issued  by  the  fire  commissioner  upon  an  application  giving  such 
information  as  may  be  required  by  him,  and  upon  receipt  of  a  fee  of 
$0.50,  except  that  no  fee  shall  be  required  for  permits  issued  for  the 
kindling  and  maintaining  of  such  fires  for  the  sole  purpose  of  de- 
stroying fallen  leaves  outside  of  the  fire  limits.  No  permit  shall  be 
issued,  however,  to  kindle,  build,  maintain  or  use  a  fire — 

(a)  Within  15  feet  of  a  fire  hydrant; 

(b)  Within  2  feet  of  the  surface  of  any  stone  pavement; 

(c)  On  or  within  2  feet  of  the  surface  of  any  asphalt  pavement, 
except  for  the  purpose  of  repairing,  removing  or  constructing  the 
same. 

A  fire  kindled,  built  and  maintained  under  a  permit  issued  in 
conformity  with  the  provisions  of  this  section  shall  be  continuously 
under  the  care  and  direction  of  a  competent  person  from  the  time  it 
is  kindled  until  it  is  extinguished.  (Amend.  April  11,  1916.) 

§  7.  Lighted  matches,  cigars,  cigarettes,  discarding  of,  regulated. — 
No  person  shall  throw  away  any  lighted  match,  cigar  or  cigarette 
within  any  building  or  structure  or  hi  any  boat,  car  or  other  vehicle 
for  the  common  carriage  of  passengers  unless  it  be  to  deposit  the  same 
in  a  suitable  container  of  metal  or  other  non-combustible  material 
provided  for  the  reception  thereof.  (Added  by  ord.  effective  Dec.  31, 
1915.) 

§  8.  Violations. — Any  person  who  shall  violate,  or  refuse  or  neg- 
lect to  comply  with,  any  provision  of  this  article  shall,  upon  convic- 
tion thereof,  be  punished  by  a  fine  of  not  more  than  $100,  or  by 
imprisonment  not  exceeding  30  days,  or  by  both  such  fine  and  im- 


FIRES  AND  FIRE  PREVENTION  335 

prisonment;  and  any  such  person  shall,  also,  for  each  offense,  be  subject 
to  the  payment  of  a  penalty  in  the  sum  of  $50,  to  be  recovered  in  a  civil 
action  brought  in  the  name  of  the  commissioner.  (Adopted  from  Charter 
and  C.  O.) 

ARTICLE  2 

FIRE  PREVENTION 

Sec.  20.  Fire-alarm  and  fire-extinguishing  appliances. 
20a.  Elevator  in  readiness. 

21.  Watchmen:  interior  fire-alarms;  diagrams  of  means  of  egress. 

22.  Fire  drills  in  schools;  interference  with. 

23.  Lights. 

24.  Storage  of  combustible  fibres. 

25.  Storage  of  empty  wooden  packing  boxes,   cases  and   barrels. 

26.  Modifications. 

27.  Smoking. 

28.  Barns  and  stables. 

29.  Ashes. 

30.  Chimneys  and  flues. 

_  30a.  Vessels  required  to  be  equipped  with  spark  arresters,  etc 
§  31.  Violations. 

Sec.  20.  Fire-alarm  and  fire-extinguishing  appliances. — The  owners 
and  proprietors  of  all  manufactories,  hotels,  tenement-houses,  apart- 
ment houses,  office  buildings,  boarding  and  lodging-houses,  ware- 
houses, stores  and  offices,  theatres  and  music  halls,  and  the  authori- 
ties or  persons  having  charge  of  all  hospitals  and  asylums,  and  of 
the  public  schools  and  other  public  buildings,  churches  and  other  places 
where  large  numbers  of  persons  are  congregated  for  purposes  of  wor- 
ship, instruction  or  amusement,  and  all  piers,  bulkheads,  wharves, 
pier  sheds,  bulkhead  sheds  or  other  water-front  structures,  shall  provide 
such  means  of  communicating  alarms  of  fire,  accident  or  danger  to 
the  police  and  fire  departments,  respectively,  as  the  fire  commissioner 
or  the  police  commissioner  may  prescribe,  and  shall  also  provide  such 
fire  hose,  fire  extinguishers,  buckets,  axes,  fire  hooks,  fire  doors  and 
other  means  of  preventing  and  extinguishing  fires  as  the  fire  commis- 
sioner may  direct.  (Ord.,  effective  Jan.  1,  1912.) 

Adopted  November  12,  1918.    Approved  November  19,  1918. 

For  other  regulations,  see  ch.  3,  Amusements,  §§  7,  8,  9,  36;  ch.  5,  Building  Code, 
arts.  23,  28. 

Ordinance  Dec.  19,  1911,  amending  §  762.  Charter  and  order  of  fire  commis- 
sioner to  install  automatic  sprinklers,  sustained  and  misdemeanor  conviction  af- 
firmed. People  v.  Kayc,  160  App.  Div.  649. 

Fire  extinguishers:  order  of  fire  commissioner  sustained.  Waldo  v.  Christman, 
7-'  Misc.  349. 

Under  §  762  of  the  Charter  an  owner  of  a  building  although  not  in  possession  is 
liable  to  a  fine  or  penalty  for  failure  to  obey  an  order  of  fire  commissioner  as  to 
perforated  pipes.  Lantry  v.  Hoffman,  55  Misc.  261,  aff'd  124  App.  Div.  937. 

The  fire  commissioner  under  this  section  must  order  specifically  the  "means" 
to  give  alarms  of  fire,  it  is  not  sufficient  to  give  a  general  order.  Hayes  v.  Bren- 
nan,  45  Misc.  413.  See  Adamson  v.  Amer.  Press,  173  N.  Y.  Sup.  822. 

§  20-a.  Elevator  in  readiness. — In  every  building  exceeding  150 
feet  in  height,  at  least  one  elevator  shall  be  kept  in  readiness  for  im- 
mediate use  by  the  Fire  Department,  during  all  hours  of  the  night  and 
day,  including  holidays  and  Sundays,  and  there  shall  be  in  attendance 
at  all  times  a  man  competent  to  operate  the  elevator. 

Adopted  June  12,  1917.     Became  effective  June  26,  1917. 

§21.  Watchmen;  Interior  Are  alarms;  Diagrams  of  means  of  egress— 
1.  Watchmen. — In  every  building  used  or  occupied  as  a  hotel,  lodging- 


336  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

house  or  public  or  private  hospital  or  asylum,  there  shall  be  employed 
by  the  owner  or  proprietor,  or  other  person  having  the  charge  or  man- 
agement thereof,  one  or  more  watchmen  whose  exclusive  duty  it  shall 
be  to  visit  every  portion  of  such  building  at  regular  and  frequent  inter- 
vals, under  rules  and  regulations  to  be  established  by  the  commissioner, 
for  the  purpose  of  detecting  fire  or  other  sources  of  danger,  and  giving 
timely  warning  thereof  to  the  inmates  of  the  building.  There  shall  be 
provided  a  watchman's  clock,  or  other  device,  to  be  approved  by  the 
commissioner,  by  means  of  which  the  movements  of  the  watchman  may 
be  recorded.  The  fire  commissioner  may,  however,  in  his  discretion, 
accept  an  automatic  fire  alarm  system  in  lieu  of  watchmen  and  time 
detectors. 

2.  Interor   fire    alarms. — In    every    hotel,    lodging-house,    public    or 
private    hospital   or   asylum,    department   store,    and    public    schools, 
there  shall  be  placed  and  provided,  when  required  by  the  fire  com- 
missioner, an  adequate  and  reliable  electrical  or  other  interior  alarm 
system,  to  be  approved  by  the  said  commissioner,  by  means  of  which 
alarms  of  fire  or  other  danger  may  be  instantly  communicated  to  every 
portion  of  the  building.     The  fire  alarm  apparatus  and  all  other  appli- 
ances placed  or  kept  within  any  of  said  buildings  for  the  purpose  of 
preventing  or  extinguishing  fires,  or  for  affording  means  of  escape  there- 
from in  case  of  fire,  shall  be  kept  at  all  times  in  good  working  order  and 
proper  condition  for  immediate  use,  and  any  member  of  the  uniformed 
force  or  authorized  representative  of  the  fire  department  may  enter  any 
of  the  said  buildings  at  any  time,  for  the  purpose  of  inspecting  such 
apparatus  or  appliances.     (As  amended.) 

3.  Diagrams  of  means  of  egress. — In  any  of  the  buildings  referred  to 
in  this  section,   when  required  by  the  fire  commissioner,   there  shall 
be  posted  such  cards  as  the  said  commissioner  shall  direct  upon  which 
shall  be  printed  a  diagram  showing  the  exits,  halls,  stairways,  elevators 
and  fire  escapes  of  the  building,  and,  in  the  halls  and  passageways,  such 
signs  as  the  said  commissioner  shall  direct  shall  be  posted  indicating 
the  location  of  the  stairs  and  fire  escapes. 

Adopted  July  17,  1917.     Became  effective  September  18,  1917. 

§  22.  Fire  drills  in  schools;  interference  with. — No  person  shall  drive 
a  vehicle  of  any  kind  through  a  line  of  children  issuing  from  or  return- 
ing to  a  public  school  during  a  fire  drill,  nor  interfere,  hinder,  obstruct 
or  impede  in  any  way  whatsoever  any  such  fire  drill.  (Ord.  March  11, 
1913.) 

§  23.  Lights. — All  lights  used  in  theatres  and  other  places  of  public 
amusement,  manufactories,  stores,  hotels,  lodging-houses,  and  in  show 
windows  shall  be  properly  protected  by  gloves  or  glass  coverings,  or 
in  such  other  manner  as  the  commissioner  shall  prescribe.  (Ord.  Dec. 
19,  1911.) 

§  24.  Storage  of  combustible  fibres.  1.  Definition. — As  used  in  this 
section,  "combustible  fibre"  means  any  finely  divided  vegetable  or 
animal  fibre,  including  paper  and  cloth,  in  the  form  of  scraps  or  clip- 
pings; hay;  straw;  excelsior;  dried  moss,  excepting  moss  used  for  me- 
dicinal purposes;  grasses,  and  similar  substances. 

2.  Permit  required. — No  person  shall  store  or  keep  on  hand  in  any 
premises  any  combustible  fibre  or  material  in  excess  of  1  ton  without 
a  permit  from  the  commissioner;  provided,  however,  that  in  rural  com- 
munities outside  of  fire  limits,  no  permit  shall  be  required  for  the  storage 
of  hay  and  straw  in  barns  or  out-of-doors  stacks  where  such  stacks  are 
not  within  50  feet  of  a  building  occupied  as  a  dwelling.    The  annual  fee 
for  such  a  permit  shall  be  for  quantities  of  10  tons  or  more,  $10;  over 
5  tons  and  less  than  10  tons,  $5;  over  1  ton  and  less  than  5  tons,  $2. 
(Amend.   July   16,    1915.) 

3.  Restrictions. — No  permit  shall  be  issued  for  such  storage  in  any 
building  or  premises: 


FIRES  AND   FIRE   PREVENTION  337 


(a)  Situated  within  50  feet  of  the  nearest  wall  of  a  building  occu- 
pied as  a  school,  hospital,  theatre  or  other  place  of  public  amusement 
or  assembly;  * 

(b)  Occupied  as  a  tenement  house,  or  hotel; 

(c)  Of  wooden  construction,  except  in  sparsely  populated  districts, 
where  it  shall  be  in  the  discretion  of  the  commissioner; 

(d)  Which  is  not  equipped  with  a  fire  extinguishing  system,  ap- 
proved by  the  fire  commissioner; 

(e)  Where  paints,  varnishes,  or  lacquers  are  manufactured,  stored 
or  kept  for  sale; 

(f)  Where  dry  goods,  or  other  highly  inflammable  materials  are 
manufactured,  stored  or  kept  for  sale; 

(g)  Where  matches,  rosin,  turpentine  or  any  explosives  are  stored 
or  kept.    (Amend.  July  16,  1915.) 

4.  Weight  limit.     No  person  shall  store  upon  any  floor  of  a  build- 
ing any  combustible  fibre  exceeding  in  weight  one-third  of  the  safe 
bearing  capacity  of  such  floor,  as  certified  to  by  the  bureau  of  build- 
ings having  jurisdiction;  or  covering,  when  baled,  more  than  two- 
thirds  of  the  floor  space  of  such  floor,  and  no  such  material  shall  be 
piled  to  a  greater  height  than  two-thirds  of  the  distance  from  the 
floor  to  the  ceiling. 

5.  Exemption.    A  person  who  holds  a  permit,  issued  under  chap- 
ter 10  of  this  ordinance,  for  a  business  to  wnich  the  use  of  combustible 
fibres  is  an  incident  shall  not  be  required  to  obtain  an  additional 
permit  under  the  provisions  of  this  article. 

6.  Factories.     The  storage  of  combustible  fibres  in  any  building 
used  as  a  factory  or  workshop  (except  where  such  combustible  fibre 
enters  into  the  article  or  material  manufactured  in  such  workshop 
or  factory)  is  prohibited  unless  such  combustible  fibre  does  not 
exceed  five  tons  and  is  used  and  stored  in  a  portion  of  the  premises 
separated  from  the  remainder  of  the  building  by  walls,  floors  and 
ceilings,  protected  by  fire  retarding  material  and  with  all  floor  open- 
ings similarly  protected  and  constructed  in  a  manner  approved  by 
the  fire  commissioner.    In  no  event  shall  more  than  one  permit  be 
granted  for  the  storage  of  combustible  fibre  in  a  single  building 
used  as  a  factory  or  workshop.    (New  Ord.  July  16,  1915.) 

§  25.  Storage  of  empty  wooden  packing  boxes,  cases  and  barrels. 
1.  Permit  required. — No  person  shall  store  in  any  building,  shed, 
inclosure  or  other  structure  any  empty  wooden  packing  boxes,  cases 
or  barrels  in  a  quantity  occupying  a  space  greater  than  2,000  cubic 
feet,  without  a  permit  from  the  commissioner.  The  annual  fee  for 
such  a  permit  shall  be  $5. 

2.  Restrictions.  No  permit  shall  be  issued  for  the  storage  of 
empty  wooden  packing  boxes,  cases  or  barrels  in  any  lot,  shed  or 
inclosure; 

(a)  Which  is  not  enclosed  by  a  substantial  fence  not  less  than  10 
nor  more  than  18  feet  in  height  above  the  street  level.  If  any  build- 
ing having  an  unpierced  fire  wall  adjoins  the  enclosure  no  fence  shall 
be  required  on  the  side  of  such  building.  The  storage  space  shall  be 
completely  separated  from  any  window  or  door  openings  of  the 
wall  of  an  adjoining  building  by  a  substantial  fence  of  fire-retarding 
materials  of  a  height  satisfactory  to  the  fire  commissioner,  erecteo 
at  least  6  feet  from  such  opening  and  extended  at  least  6  feet  en 


338  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

each  side  thereof  and  continued  to  the  sides  of  the  enclosure  or  carried 
to  the  walls  of  the  building. 

No  permit  shall  be  issued  authorizing  fhe  storage  of  empty  wooden 
packing  boxes  or  barrels  in  any  building  or  structure  the  walls  of  which 
are  not  built  of  fireproof  material  except  in  sparsely  populated  districts. 

(b)  Which  is  situated  within  50  feet  of  the  nearest  wall  of  a  build- 
ing occupied  as  a  hospital,  school,  theatre  or  other  place  of  public  amuse- 
ment or  assembly.  (Amend.  May  25,  1915.) 

3.  Fire  prevention. — No  person  shall  pile  empty  wooden  packing 
boxes,  cases  or  barrels  to  a  height  greater  than  6  inches  below  the  top 
of  the  inclosing  wall  required  by  subdivision  2  of  this  section.  Excel- 
sior, sawdust,  paper  and  packing  material  shall  be  removed  from  the 
premises  at  least  once  daily;  electric  motors  shall  be  enclosed  in  an 
approved  manner;  at  least  twelve  water  buckets  of  10  quarts  capacity 
shall  be  provided  for  every  2,500  square  feet  of  floor  surface,  or  in  lieu 
thereof,  hose  of  at  least  1  inch  in  diameter,  equipped  with  a  nozzle  of  at 
least  one-half  inch  in  diameter,  sufficient  in  length  to  reach  all  parts  of 
the  enclosure,  and  connected  to  an  adequate  water  supply.  (Amend. 
May  25,  1915.) 

§26.  Modifications. — When  the  circumstances,  conditions,  limi- 
tations or  surroundings  of  any  business,  occupation,  trade,  industry 
or  premises,  referred  to  in  sections  24  and  25  of  this  article,  are  unusual, 
or  such  as  to  render  impractical  or  be  unduly  burdensome  the  enforce- 
ment of  the  provisions  of  the  said  sections  applicable  thereto,  the  fire 
commissioner  may  waive  or  modify  such  provisions  to  such  extent  as 
he  may  deem  necessary  in  the  premises  consistent  with  public  safety. 
(New.  Effective  April  25,  1916.) 

§  27.  Smoking. — No  person  shall  smoke  or  carry  a  lighted  cigar, 
cigarette,  pipe  or  match  within  any  room,  enclosed  space,  cellar,  base- 
ment, or  in  any  part  of  any  premises  in  which  any  highly  combustible 
or  inflammable  material  is  manufactured,  stored  or  kept  for  use  or 
sale.  Offices,  not  containing  highly  combustible  or  inflammable  material, 
and  separated  from  the  other  parts  of  said  places  or  premises  by  a  tight 
partition  or  a  self-closing  door,  shall  be  exempt  from  this  prohibition. 
(Mun.  Expl.  Reg.) 

§  28.  Barns  and  stables. — No  person  shall  take  into  or  use  in  any  barn 
or  stable  any  lighted  candle,  oil  or  fluid  lamp,  or  any  burning  light  of 
any  kind  whatsoever,  unless  the  same  be  inclosed  and  secured  in  a  good 
glass,  horn  or  other  lantern.  (Brookl.  Ord.,  §  25.) 

§  29.  Ashes. — No  person  shall  deposit  ashes  on  the  wooden  floor  of 
any  building,  nor  in  any  barrel,  or  box,  or  other  wooden  vessel  standing 
on  any  such  floor,  nor  place  any  such  barrel,  box,  or  other  vessel  con- 
taining ashes,  upon  any  such  floor.  (Brpokl.  Ord.,  §  6.) 

§  30.  Chimneys  and  flues. — If  any  chimney,  stove-pipe,  or  flue  shall 
take  fire,  the  owner  of  the  building  or  premises  to  which  such  chimney, 
stove-pipe,  or  flue  appertains  shall  forfeit  the  sum  of  $5,  except  that, 
where  a  tenant  occupies  the  entire  building  or  premises,  the  tenant  and 
not  the  owner  of  the  building  shall  forfeit  the  said  sum.  (Charter,  §  760.) 

§  30a.  Vessels  required  to  be  equipped  with  spark  arresters,  etc. — 1.  It 
shall  be  the  duty  of  every  owner,  agent,  master  or  captain  of  any 
vessel  or  craft,  propelled  in  whole  or  in  part  by  steam,  or  on  which 
any  steam  engines,  boilers  or  stoves  are  used,  to  cover  securely  each 
funnel  or  smokestack  on  such  vessel  with  an  efficient  metal  spark  ar- 
rester, the  wire  mesh  of  which  shall  not  be  less  than  four  to  the  inch, 
when  crossing  the  pierhead  line  in  approaching  any  grain  elevator,  or 
any  pier,  in  waters  within  the  jurisdiction  of  the  City,  at  which  cotton 
or  naval  stores  are  being  handled  or  stored,  and  shall  keep  the  same 
covered  the  entire  time  while  within  said  pierhead  line. 

2.  It  shall  be  the  duty  of  every  owner,  agent,  master  or  captain  of 
any  such  vessel,  propelled  in  whole  or  in  part  by  steam,  while  loading 
or  discharging  cotton  or  naval  stores  into  or  from  said  vessel  at  any 


FIRES  AND  FIRE  PREVENTION  339 

pier  in  waters  within  the  jurisdiction  of  the  city,  to  protect  or  have 
protected  all  hatch  combings  so  that  the  cargo  of  cotton  or  naval  stores 
so  loaded  or  unloaded  shall  not  come  in  contact  with  the  combings. 

3.  It  shall  be  the  duty  of  every  owner,  agent,  master  or  captain 
of  any  vessel,  or  craft,  propelled  in  whole  or  in  part  by  steam,  while 
in  waters  within  the  jurisdiction  of  the  city,  and  while  said  vessel  or 
craft  is  loading  or  discharging  a  cargo  of  cotton  or  naval  stores,  to  couple 
its  fire  hose  and  keep  the  same  ready  for  use  at  all  times  while  so  loading 
or  discharging  such  cargo  at  said  wharf  or  pier,  and  it  shall  keep  sufficient 
steam  while  so  loading  or  discharging,  at  all  hours,  on  the  donkey  or 
one  of  the  main  boilers,  to  enable  a  full  stream  of  water  to  be  turned  on 
in  case  of  fire  occurring  upon  or  alongside  said  vessel  or  craft;  and  to 
supply  such  vessel  with  sufficient  fire  hose  to  reach  to  each  and  every 
hatch  of  said  vessel  or  craft. 

Adopted  December  18,  1917.     Became  effective  January  7,  1918. 

§31.  Violations. — Except  as  otherwise  provided  in  this  article,  any 
person  who  shall  violate,  or  refuse  or  neglect  to  comply  with,  any  pro- 
vision of  this  article  shall,  upon  conviction  thereof,  be  punished  by  a 
fine  of  not  more  than  $500,  or  by  imprisonment  not  exceeding  6  months, 
or  by  both  such  fine  and  imprisonment;  and  any  such  person  shall,  also, 
for  each  offense,  be  subject  to  the  payment  of  a  penalty  in  the  sum  of 
$250,  to  be  recovered  in  a  civil  action  brought  in  the  name  of  the  com- 
missioner. (New.  Penal  Law,  §  1937,  Charter,  §  773.) 

§  32.  No  charitable  institution  in  the  City  of  New  York,  which  serves 
the  public  free  of  charge,  shall  be  required  to  pay  any  fees  for  any  per- 
mit required  under  the  provisions  of  Chapter  12  of  the  Code  of  Ordi- 
nances, provided  the  material  for  which  the  permit  is  required  is  owned 
and  used  in  connection  with  such  institution. 

Adopted  March  30,  1917.     Became  effective  April  3,  1917. 


340  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

CHAPTER  13 

Hospitals 
Article  1.  General  provisions. 

ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  1.  Emergency  cases. 

§  2.  Incurables;  deaths. 

§  3.  Insane,  temporary  care. 

§  4.  Non-residents,  treatment. 

§  5.  City  employees  injured  in  the  course  of  duty. 

Sec.  1.  Emergency  cases. — Any  person  injured  or  taken  sick  in  the 
street  or  in  any  public  place,  who  may  not  be  safely  removed  to  his 
or  her  home,  may  be  sent  to  and  shall  be  received  by  any  public  hospital, 
for  temporary  care  and  treatment,  irrespective  of  his  or  her  place  of 
residence.  (Charter,  §  692.) 

§  2.  Incurables;  deaths. — Whenever  any  sick  person  in  any  public 
hospital  shall,  in  the  judgment  of  the  board  or  officer  having  jurisdiction 
thereof,  cease  to  be  a  proper  case  for  treatment  therein,  such  person 
shall  be  transferred  to  the  care,  custody  and  control  of  the  commissioner 
of  public  charities,  who  shall  forthwith  receive  and  care  for  such  person. 
In  case  any  sick  person  under  treatment  in  any  public  hospital,  not 
under  the  control  of  the  department  of  public  charities,  shall  die,  the 
officer  in  charge  of  such  hospital  may  call  upon  the  commissioner  of 
public  charities  to  receive  and  remove  the  body  of  such  person,  and 
the  commissioner  shall  forthwith  receive  and  remove  the  same  for  burial, 
or  other  proper  disposition.  The  cost  and  expense  of  such  reception, 
removal,  burial,  or  other  proper  disposition  shall  be  borne  and  paid 
by  the  department  of  public  charities.  (Charter,  §  692.) 

§  3.  Insane;  temporary  care. — There  shall  be  provided  and  maintained  in 
every  public  hospital  suitable  wards  or  rooms  for  the  examination  and 
temporary  care  of  persons  alleged  to  be  insane.  (Charter,  §§  670,  672.) 

§  4.  Non-residents;  treatment. — Persons  who  do  not  reside  in  the  city 
may  be  received  and  treated  in  any  public  hospital;  provided  the  person 
so  received  shall  be  required  to  pay  such  sum  for  board  and  attendance 
as  may  be  fixed  by  the  board  or  officer  in  charge  of  the  hospital,  but 
no  such  person  shall  be  received  to  the  exclusion  of  residents  of  the 
city.  The  board  or  officer  in  charge  of  a  hospital,  receiving  non-resident 
patients,  shall  collect  and  pay  over  all  such  moneys  to  the  chamberlain 
once  every  month.  The  board  or  officer,  upon  receiving  such  payments, 
shall  report  the  same  to  the  comptroller,  and  the  amounts  so  collected 
shall  be  paid  into  the  general  fund.  (Charter,  §  678,  subd.  8,  §  692.) 

§  5.  City  employees  injured  in  course  of  duty. — Any  member  of  the 
uniformed  forces  of  the  fire  or  police  departments  who  shall  be  injured 
while  actually  employed  in  the  discharge  of  police  or  fire  duty,  as  the 
case  may  be,  or  while  under  orders  of  his  superior  officers  in  the  police 
station  or  fire  house,  as  the  case  may  be,  or  who  as  the  result  of  illness 
traceable  directly  to  the  performance  of  police  or  fire  duty,  as  the  case 
may  be,  or  a  member  of  the  uniformed  force  of  the  department  of  street 
cleaning,  or  any  employee  of  the  departments  of  parks,  water  supply, 
gas  and  electricity,  docks  and  ferries  or  plant  and  structures,  who  shall 
be  injured  while  actually  employed  in  the  discharge  of  duty,  when  certified 
to  by  the  head  of  the  department,  shall  be  received  by  any  hospital  for 
care  and  treatment  at  the  usual  war  patient  rates.  The  bill  for  such 
care  and  treatment  at  such  rates,  when  certified  by  the  superintendent 
or  other  person  in  charge  of  such  hospital  and  approved  by  the  head  of  the 
department  concerned  shall  be  paid  subject  to  audit  by  the  comptroller. 

Adopted  July  16,  1918.    Approved  July  26,  1918. 


LICENSES  341 

CHAPTER  14 
Licenses 

Article    1.  General  provisions. 

2.  Billiard  and  pool  tables. 

3.  Bowling  alleys. 

4.  Dealers  in  second-hand  articles. 

5.  Dirt  carts. 

6.  Expresses  and  expressmen. 

7.  Exterior  hoists. 

8.  Hacks,  cabs  and  taxicabs. 

9.  Junk  dealers. 
9a.  Pawnbrokers. 

10.  Peddlers,  hawkers  and  venders. 

11.  Public  carts  and  cartmen. 

12.  Public  porters. 

13.  Shooting  galleries. 

14.  Street  musicians. 

15.  Massage  institutes  and  operators. 

16.  Lessees  of  tenements. 

17.  Bathing  establishments  and  bath  house  keepers. 

18.  Soliciting  contributions  in  public. 

This  chapter  conforms  to  ch.  475,  L.  1914,  amending  §§  640-641  of  the  Charter, 
which  abolished  the  old  Bureau  of  Licenses  established  by  Ord.,  Feb.  8,  1898. 
That  Bureau  was  the  successor  by  various  enactments  of  the  old  "Bureau  of  Per- 
mits," sec.  1  of  ord.  app.  Feb.  2,  1886,  as  limited  by  chap.  412,  Laws  of  1895.  The 
tendency  has  been  to  make  laws  uniform  throughout  the  entire  city,  and  to  con- 
centrate into  one  bureau  the  issuing  of  all  licenses.  By  the  City  Ordinances,  1859, 
all  licenses  were  issued  by  the  Mayor  and  separate  chapters  cover  the  different 
subject-matters,  such  as  Coaches  and  Cabs,  Pawnbrokers,  Dealers  in  Second-Hand 
Articles  and  Keepers  of  Junk  Shops,  etc.,  which  are  now  included  in  one  chapter. 
When  the  ordinances  were  revised  in  1880  a  Bureau  of  Permits  was  established. 
(R.  O.  1880,  art.  XXX.)  The  general  powers  were  further  extended  by  L.  1887, 
chap.  417,  and  L.  1888,  chap.  115,  and  L.  1896,  chap.  36,  where  the  Board  of  Alder- 
men, although  forbidden  to  allow  obstructions  in  the  streets  or  sidewalks,  was 
expressly  allowed  to  grant  permits  for  "stands  within  the  stoop-lines"  for  certain 
purposes.  See  sec.  50,  Greater  New  York  Charter,  and  notes  under  streets,  ch.  23. 

ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  .1.  When  required. 

§  2.  Licensees  must  be  citizens. 

§  3.  How  issued. 

§  4.  Registration  of  licenses;  deposit  of  fees. 

§  5.  Suspension  and  revocation  of  licenses. 

§  6.  Duties  of  licensees. 

§  7.  Inspections. 

Sec.  1.  When  required. — In  addition  to  the  businesses,  places, 
trades,  occupations  and  things  required  to  be  licensed  by  statute 
or  by  other  chapters  of  this  code,  the  following  must  be  duly  li- 
censed as  herein  provided,  namely: 


342  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

a — Billiard  and  pool  tables; 

b — Bowling  alleys; 

c— Dealers  in  second-hand  articles; 

d — Dirt  carts; 

e — Drivers  or  chauffeurs  of  hacks,  cabs,  taxicabs.and  expresses; 

f — Expresses  and  expressmen; 

g — Exterior  hoists; 

h — Hacks,  cabs  and  taxicabs; 

i — Hand  organs; 

j — Itinerant  musicians; 

k — Junk  dealers; 
kk — Massage  operators  and  institutes 

1 — Peddlers,  hawkers  and  venders; 
m — Public  carts  and  cartmen; 

n — Public  porters; 

o — Shooting  galleries; 

p — Street  musicians; 

q — Stands  within  stoop  lines  and  under  the  stairs  of  elevated  or 
subway  stations ; 

r — Weighers  of  hay. 

No  person  shall  engage  in,  or  carry  on  any  business,  trade  or  occupa- 
tion, or  maintain  any  place  or  thing  specified  in  this  section  without  a 
license  therefor. 

This  article  is  based  on  the  Ord.  of  May  22,  1899.  See  specific  articles,  infra, 
covering  specific  cases. 

There  can  be  no  doubt  of  the  general  power  of  a  municipal  corporation  to  regu- 
late and  control  the  occupations  referred  to.  The  courts  have  even  gone  so  far 
as  to  hold  that  where  a  license  is  required  of  a  business,  one  who  engages  in  that 
business  without  a  license  may  not  recover  the  value  of  goods  sold  or  services  ren- 
dered. Ferdon  v.  Cunningham,  20  How.  Pr.  154;  Best  v.  Bander,  29  How.  Pr. 
489;  but,  see  Miller  v.  Burke,  6  Daly,  171,  aff'd  68  N.  Y.  615;  see  cases  under 
specific  subjects,  infra. 

The  power  of  a  municipality  to  license  certain  employments  is  wholly  derived 
from  the  legislature  and  must  be  exercised  within  such  authority,  and  fees  must  be 
reasonable.  People  v.  Jarvis,  19  App.  Div.  466. 

For  Common  Shows,  and  Motion-Picture  Exhibitions  see  Amusements  and  Ex- 
hibitions, ch.  3,  arts.  2  and  3. 

Act  requiring  dancing  academies  in  N.  Y.  City  to  be  licensed  declared  uncon- 
stitutional. People  ex  rel.  Duryea  v.  Wilbur,  198  N.  Y.  1,  but  see  L.  1910,  ch.  547. 
Pawnbrokers  and  Employment  agencies  are  governed  by  the  General  Business 
Law. 

§  2.  Licensees  must  be  citizens. — No  person  shall  be  licensed,  nor  shall 
any  existing  license  be  renewed,  under  any  provisions  of  this  chapter  or 
of  chapters  3  and  23  of  this  ordinance,  except  a  citizen  of  the  United 
States,  or  one  who  has  regularly  declared  his  intention  to  become  a  citi- 
zen. The  commissioner  of  licenses  shall  revoke  the  license  of  any  person 
who,  having  declared  his  intention  of  becoming  a  citizen,  fails  to  acquire 
citizenship  within  six  months  after  his  right  to  do  so  accrues,  or  within 
six  months  after  this  ordinance  shall  take  effect. 

But  a  city  ordinance  forbidding  non-residents  engaging  in  business  without  a 
license  is  unconstitutional.  City  of  Watertown  v.  Rosenbaugh,  112  App.  Div.  723. 

§  3.  How  issued. — All  applications  for  licenses  shall  be  made  to  the 
commissioner  of  licenses  in  such  form  and  detail,  as  he  shall  prescribe. 
All  licenses  shall  be  issued  on  established  forms,  which  shall  be  printed 
in  book  form  with  corresponding  stubs.  They  shall  be  consecutively 
numbered,  with  suitable  blank  spaces  for  writing  in  the  name  and  resi- 
dence of  licensee,  the  kind'  and  class  of  license  granted,  the  location  and 
privileges  allowed  and  the  amount  of  fee  paid.  All  licenses  shall  be 
granted  for  a  term  of  one  year  from  the  date  thereof,  unless  sooner 
suspended  or  revoked,  or  otherwise  specifically  provided  by  law  or 
ordinance.  (C.  O.,  §§  302,  303,  307.) 


LICENSE"  343 

§  4.  Registration  of  licenses;  deposit  of  fees. — All  licenses  shall  be 
duly  classified  and  recorded  in  suitable  registers  and  fully  indexed. 
There  shall  be  kept  in  the  principal  office  of  the  department  and 
in  each  and  every  branch  office  thereof,  a  book  for  recording  con- 
secutively, day  by  day,  each  license  issued,  showing  its  kind  and 
class,  whether  new  or  renewal,  name  of  licensee,  regular  number 
of  blank  form  and  amount  of  fee  received  therefor.  A  daily  report 
showing  all  of  the  above  details  shall  be  made  by  each  branch  office 
to  the  principal  office  of  the  department.  There  shall  also  be  kept 
in  the  principal  office  of  the  department  a  book  showing  a  statement 
of  all  licenses  issued,  and  fees  received  by  the  department  and  its 
branches,  tabulated  by  days,  months  and  quarters  of  the  year,  and 
compiled  annually.  Each  register  of  licenses  shall  be  a  public  record, 
and  extracts  therefrom  may  be  certified  by  the  commissioner  of 
licenses,  or  a  deputy  commissioner  or  assistant  in  charge  of  a  branch 
office  of  the  department,  for  use  as  evidence.  All  moneys  received 
as  license  fees  shall  be  duly  deposited  hi  a  designated  city  depository 
the  day  following  their  receipt.  (Ord.  June  29,  1914.) 

Payment  of  a  fee  voluntarily  by  mistake  cannot  be  recovered.  Heberon  v. 
New  York,  78  Misc.  653. 

§  5.  Suspension  and  revocation  of  licenses. — The  commissioner  of 
licenses  is  empowered  to  hear  and  determine  complaints  against 
licensees,  and  to  suspend  or  revoke  any  license  or  permit  issued  by 
him,  under  any  provision  of  this  ordinance.  The  commissioner 
when  investigating  any  matters  pertaining  to  the  granting,  issuing, 
transferring,  renewing,  revoking,  suspending  or  canceling  of  any 
license,  is  hereby  authorized  in  his  discretion  to  take  such  testimony 
as  may  be  necessary  on  which  to  base  official  action.  When  taking 
such  testimony  he  may  subpoena  witnesses  and  also  direct  the  pro- 
duction before  him  of  necessary  and  material  books  and  papers. 
The  commissioner  may,  in  his  discretion,  delegate  to  the  deputy 
commissioners  of  licenses,  to  the  chief  of  the  division  of  licensed 
vehicles  and  the  chief  of  the  Brooklyn  office  of  the  department  the 
power  and  duty  of  taking  testimony,  and  the  said  officials  when  so 
delegated  may  subpoena  witnesses,  book  and  papers  with  the  same 
force  and  effect  as  if  subpoenaed  by  the  commissioner.  The  said 
delegated  officials  shall  have  the  testimony  taken  before  them  re- 
duced to  writing  and  transmit  the  same  to  the  commissioner  for 
final  action.  The  commissioner  or  a  deputy  commissioner  of  li- 
censes, the  chief  of  the  division  of  licensed  vehicles  or  the  chief 
of  the  Brooklyn  office  of  the  department  shall  have  power  to  hear 
and  determine  complaints  against  licensees  hereunder  and  impose 
a  fine  of  not  more  than  $5,  or  less  than  $1,  for  any  violation  of  the 
provisions  of  this  chapter,  and  each  of  such  officers  shall  have  power 
to  suspend  a  license  pending  the  payment  of  such  fine.  All  such 
fines  when  collected  shall  be  paid  into  the  Sinking  Fund  for  the 
Redemption  of  the  City  Debt.  (Ord.  June  29,  1914.) 

§  6.  Duties  of  licensees.  1.  General. — Every  person  holding  a 
license  issued  under  any  provisions  of  this  chapter  shall  exhibit 
the  same  upon  demand  of  any  person,  and  shall  report  to  the  de- 
partment any  change  of  residence  or  place  of  business,  within  3 
days  of  such  change.  A  licensee  shall  at  all  times  render  any  public 


344  CODE   OF   ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

services  within  scope  of  his  license  when  called  upon,  unless  actually 
unable  so  to  do. 

2.  Badges.    Every  licensed  hackman,  whenever  with  a  hack  or 
waiting  for  employment  anywhere  in  the  city,  every  licensed  peddler 
while  peddling,  and  every  person  while  using  a  licensed  junk  cart 
or  boat,  shall  wear  conspicuously  on  the  right  breast  of  the  outer 
coat  a  metal  badge  of  the  shape,  size  and  style  prescribed  by  the 
commissioner  of  licenses,  having  engraved  or  embossed  thereon 
the  official  designation  and  number  of  the  license,  together  with 
the  words  "New  York  City." 

3.  Licensed  vehicles,  designation  of.   All  words,  letters  and  numbers, 
hereinafter  prescribed  for  licensed  vehicles,  shall  be  shown  per- 
manently and  conspicuously  on  each  outside  thereof  in  colors  con- 
trasting strongly  with  background,  and  not  less  than  2  inches  high, 
as  directed  or  approved  by  the  commissioner  of  licenses,  and  shall 
be  kept  legible  and  plainly  visible  at  all  times  during  the  term  of 
the  license;  and  shall  be  obliterated  or  erased  upon  change  of  owner- 
ship or  expiration  of  the  license;  and  no  person  shall  have  or  use 
any  vehicle  with  words,  letters  or  number  thereon  like  those  herein 
prescribed  for  licensed  vehicles  without  being  duly  licensed  therefor. 
(Ord.  July  7,  1914.) 

§  7.  Inspections. — All  licensed  vehicles  or  places  of  business  shall 
be  regularly  inspected.  The  result  of  each  inspection  shall  be  en- 
dorsed on  the  license  therefor,  together  with  the  date  of  the  inspec- 
tion and  the  signature  of  the  inspector.  A  report  of  all  inspection 
shall  be  regularly  reported  to  the  commissioner  of  licenses.  (Ord. 
July  7,  1914.) 

ARTICLE  2 

BILLIARD   AND   POOL  TABLES 

Sec.  20.  General  provisions. 
§  21.  License  fee. 

Sec.  20.  General  provisions. — Any  pool  or  billiard  table  in  a  place 
open  to  the  public  shall  be  deemed  to  be  included  within  the  terms 
of  this  ordinance,  and  every  keeper  of  a  public  place  where  there 
are  pool  or  billiard  tables  shall  maintain  good  order  and  allow  no 
persons  under  16  years  of  age  to  play  therein.  (C.  O.,  §  355.) 

§  21.  License  fee. — The  annual  license  fee  for  each  public  billiard 
or  pool  table  shall  be  $3.  (C.  O.,  §  307.) 


ARTICLE  3 

BOWLING   ALLEYS 


Sec.  30.  General  provisions. 
§  31.  License  fee. 


Sec.  30.  General  provisions.- — Any  bowling  alley  in  a  place  open  to 
the  public  shall  be  deemed  to  be  included  within  the  terms  of  this 


LICENSES  345 

ordinance,  and  every  keeper  of  a  public  bowling  alley  shall  maintain 
good  order  and  allow  no  person  under  16  years  of  age  to  bowl  therein. 
(C.  O.,  §  354.) 

§  31.  License  fee. — The  annual  license  fee  for  each  public  bowling 
alley  shall  be  $5.    (C.  O.,  §  307.) 


ARTICLE  4 

DEALERS   IN   SECOND-HAND    ARTICLES 

(Amend,  by  ord.  effective  March  24 

Sec.  40.  Definition;  exceptions. 

§  41.  License;  term;  fee  and  bond. 

§  42.  Record  of  purchases  and  sales. 

§  43.  Report  to  the  police  commissioner. 

§  44.  Restrictions. 

§  45.  Lost  or  stolen  property. 

§  46.  Violations. 

Sec.  40.  Definition;  exceptions. — Any  person,  co-partnership,  or 
corporation  dealing  in  the  purchase  or  sale  of  second-hand  articles 
of  whatever  nature,  or  dealing  in  the  purchase  or  sale  of  any  second- 
hand manufactured  article  composed  wholly  or  in  part  of  gold,  silver, 
platinum  or  other  metals,  or  in  the  purchase  or  sale  of  old  gold,  silver 
or  platinum,  or  any  person,  co-partnership  or  corporation  dealing 
in  the  purcnase  of  articles  or  things  comprised  of  gold,  silver  or 
platinum  for  the  purpose  of  melting  or  refining,  or  engaged  in  melting 
precious  metals  for  the  purpose  of  selling,  or  in  the  purchase  or  sale 
of  pawnbroker  tickets  or  other  evidence  of  pledged  articles,  or,  not 
being  a  pawnbroker,  who  deals  in  the  redemption  or  sale  of  pledged 
articles,  is  hereby  defined  to  be  a  dealer  in  second-hand  articles. 
Nothing  contained  in  this  ordinance  shall  be  construed  to  apply  to 
pianos,  books?  magazines,  rugs,  tapestries,  burlaps,  paintings, 
drawings,  etchings  and  engravings;  nor  to  exchanges  of,  returns  of, 
or  credits  on  merchandise  where  the  article  or  articles  exchanged, 
returned,  or  credited  are  accepted  in  full  or  part  payment  for  new 
merchandise;  nor  to  the  first  purchase  or  sale  in  the  City  of  New  York 
of  any  imported  second-hand  article. 

Such  an  ordinance  should  be  strictly  construed  as  it  limits  persons  in  gaining  a 
livelihood.  Where  a  person  who  kept  a  book  shop  sold  second-hand  books  as  an 
incident  thereto,  held  in  Illinois  not  to  be  a  dealer  "in  second-hand  goods."  East- 
man v.  Chicago,  79  111.  178. 

§  41.  License;  term;  fee  and  bond. — The  annual  license  fee  for  each 
dealer  in  second-hand  articles  shall  be  $15,  and  every  such  dealer 
shall  give  a  bond  to  the  city,  with  sufficient  surety,  to  be  approved 
by  the  commissioner  of  licenses,  in  the  penal  sum  of  $100,  conditioned 
for  the  due  observance  of  the  provisions  of  law,  or  ordinance  relating 
to  such  dealers. 

All  licenses  for  dealers  in  second-hand  articles  shall  be  issued  as  of 
February  1  in  each  year  and  shall  expire  on  the  31st  day  of  January 
next  succeeding  the  date  of  issuance  thereof. 


346  CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK 

§42.  Record  of  purchases  and  sales. — Every  dealer  in  second-hand 
articles  shall  keep  a  book  in  which  shall  be  legibly  written  in  English, 
at  the  time  of  every  purchase  or  sale,  a  description  of  every  article  so 
purchased  or  sold,  the  number  or  numbers  and  any  monograms,  in- 
scription or  other  marks  of  identification  that  may  appear  on  the  article, 
a  description  of  the  articles  or  places  comprising  old  gold,  silver,  platinum 
or  other  metals,  and  any  monogram,  inscription  or  marks  of  identification 
thereon,  the  name,  residence  and  general  description  of  the  person  from 
whom  such  purchase  was  made  to  or  whom  sold  and  the  day  and  hour  of 
the  purchase  or  sale,  except  articles  or  things  purchased  or  received  for 
the  purpose  of  refining  or  smelting  by  persons,  firms  or  corporations 
principally  engaged  in  such  business. 

In  the  case  of  a  purchase  or  sale  of  a  pawnbroker  ticket  or  other  evi- 
dence of  a  pledged  article  or  a  redemption  or  sale  of  a  pledged  article, 
there  shall  be  written  in  said  book  at  the  time  of  such  purchase,  sale  or 
redemption: 

1.  The  name  and  address  of  the  person,  co-partnership,  or  corpora- 
tion who  issued  the  said  ticket  or  other  evidence; 

2.  The  pledge  number  of  said  pawn  ticket  or  other  evidence; 

3.  The  name  and  address  of  the  pledger  as  it  appears  upon  said  pawn 
ticket  or  other  evidence; 

4.  The  amount  loaned  or  advanced  as  it  appears  on  said  pawn  ticket 
or  other  evidence; 

5.  The  day  and  hour  of  such  purchase,  sale  or  redemption,  as  the 
case  may  be; 

6.  The  name,  residence  and  general  description  of  the  person  from 
whom  or  to  whom  the  redeemed  article  is  purchased  or  sold,  as  the 
case  may  be; 

7.  The  sum  paid  or  received  for  such  pawn  ticket  or  other  evidence, 
or  the  sum  paid  or  received  for  the  redeemed  article  or  pledge ; 

8.  Such   description  of  a  pledged   article  as  appears  on  said  pawn 
ticket  or  other  evidence  and  an  accurate  description  of  every  redeemed 
pledged  article. 

Said  book  shall  at  all  reasonable  times  be  open  to  the  inspection 
of  any  police  officer,  to  the  commissioner  of  licenses  or  any  inspector 
of  licenses,  or  any  magistrate  of  the  city,  or  any  person  duly  authorized 
in  writing  for  such  purpose  by  the  commissioner  of  licenses,  or  by  any 
magistrate,  who  shall  exhibit  such  written  authority  to  the  dealer. 

§  43.  Report  to  the  police  commissioner. — Every  dealer  in  second- 
hand articles,  upon  being  served  with  a  written  notice  so  to  do  by  a 
member  of  the  police  department,  shall  report  to  the  police  commis- 
sioner, on  blank  forms  to  be  furnished  by  the  police  department,  a 
copy  of  the  records  required  to  be  kept  under  section  42  of  this  article 
of  all  goods,  articles  or  things,  or  any  part  thereof,  purchased,  received 
or  sold  in  the  course  of  business  of  the  second-hand  dealer,  during  the 
days  specified  in  such  notice. 

§44.  Restrictions.  1.  Place,  expired  licenses. — No  dealer  in  second- 
hand articles  shall  carry  on  business  without  a  license,  or  at  any  other 
place  than  the  one  designated  in  his  license  except  that  any  dealer  in 
or  peddler  of  old  clothes  shall  have  the  right  to  purchase  or  sell  old 
clothes  from  house  to  house,  and  if  he  has  no  store,  his  home  shall  be 
designated  as  his  place  of  business;  but  no  such  dealer  or  peddler  shall 
purchase  clothes  from  or  sell  clothes  to  a  person  or  persons  on  the  street; 
and  such  dealer  in  and  peddler  of  old  clothes  while  soliciting  business  from 
house  to  house  shall  wear  a  badge  to  be  supplied  by  the  commissioner  of 
licenses  in  such  form  and  design  as  the  commissioner  of  licenses  shall  pre- 
scribe. No  dealer  in  second-hand  articles  shall  continue  to  carry  on 
business  after  his  license  is  suspended,  revoked  or  shall  have  expired. 
The  annual  license  fee  to  deal  in  or  peddle  old  clothes  shall  be  $5. 

Adopted  June  19,  1917.     Became  effective  July  3,  1917. 


LICENSES  347 

2.  Prohibited  persons  and  hours.    No  dealer  in  second-hand  articles 
shall  purchase  any  second-hand  goods,  articles,  or  things  whatsoever 
from  any  minor,  apprentice,  or  servant,  knowing  or  having  reason  to 
believe  the  person  to  be  such,  or  from  any  person  or  persons  what- 
soever, between  the  hours  of  6  o'clock  in  the  evening  and  7  o'clock 
in  the  morning. 

3.  Sales  by  dealers.    No  articles  or  things  except  household  furni- 
ture,  curtains,   carpets,  stoves,  kitchen  utensils,   office  furniture, 
automobiles,  motor  and  other  vehicles,  machinery,  belting,  building 
materials  and  barrels,  or  other  articles  or  things  that  have  already 
been  kept  by  a  dealer  or  pawnbroker  for  a  period  of  time,  in  accord- 
ance with  the  provisions  of  law  or  this  ordinance,  or  have  been  re- 
ceived from  persons,  firms  or  corporations  known  to  be  jewelers, 
dealers,  banking  institutions,  executors  or  administrators,  shall  be 
sold  or  disposed  of  by  any  dealer  in  second-hand  articles  until  the 
expiration  of  one  week  after  such  purchase  or  redemption,  except 
that  all  second-hand  articles  or  things  purchased  for  the  purpose 
of  melting  or  refining  by  persons,  firms  or  corporations  principally 
engaged  in  such  business,  from  persons,  firms  or  corporations  not 
jewelers  or  dealers,  shall  not  be  sold,  refined,  melted  or  disposed  of 
until  the  expiration  of  48  hours  after  said  purchase;  and  no  such 
dealer  shall  receive  any  article  by  way  of  pledge  or  pawn,  or  employ 
any  subterfuge  for  receiving  goods  as  security  for  the  advancement 
of  money. 

4.  Not  to  be  pawnbroker  or  junk  dealer,  not  to  use  pawnbroker  signs, 
etc.     No  dealer  in  second-hand  articles,  while  licensed  as  such,  shall 
be  licensed  as  pawnbroker  or  junk  dealer;  nor  shall  any  sign  or  other 
device  or  subterfuge  be  displayed,  used  or  employed  by  any  dealer 
in  second-hand  articles  in  or  about  the  premises  where  such  business 
is  conducted,  Which  in  any  wise  resembles  the  emblem  or  sign  com- 
monly used  by  pawnbrokers,  or  which  is  intended  to  give  the  ap- 
pearance that  the  business  conducted  on  such  premises  is,  or  is  con- 
nected with,  the  business  of  a  pawnbroker  and  calculated  to  so  mis- 
lead; nor  shall  there  be  any  sign  displayed  which  is  calculated  to 
deceive. 

§  45.  Lost  or  stolen  property. — If  any  goods,  articles  or  things  what- 
soever, shall  be  advertised  hi  any  newspaper  printed  in  the  city  as 
having  been  lost  or  stolen,  and  if  the  same  or  any  such  answering 
to  the  description  advertised,  or  any  part  thereof,  shall  be  or  come 
in  the  possession  of  any  dealer  in  second-hand  articles,  such  dealer, 
upon  receiving  written,  printed  or  oral  notice  so  to  do,  shall  give 
information  thereof  in  writing  to  the  police  commissioner  stating 
from  whom  the  same  was  received.  Every  dealer  in  second-hand 
articles  who  shall  have  or  receive  any  goods,  article  or  thing  lost  or 
stolen,  or  alleged  or  supposed  to  have  been  lost  or  stolen,  shall 
exhibit  the  same,  on  demand,  to  any  police  officer,  or  to  the  commis- 
sioner or  any  inspector  of  licenses,  or  any  magistrate  of  the  city,  or 
any  person  duly  authorized  in  writing  for  such  purpose  by  the  com- 
missioner of  licenses  or  by  any  magistrate  of  the  city,  who  shall 
exhibit  such  written  authority  to  the  dealer. 

§  46.  Violations. — Any  person  who  shall  violate,  or  neglect  or 
refuse  to  comply  with  any  of  the  provisions  of  this  article,  shall,  upon 
conviction  thereof,  be  punished  by  a  fine  of  not  more  than  $100,  or 


348  CODE    OF   ORDINANCES   OP  THE   CITY   OP   NEW   YORK. 

by  imprisonment  not  exceeding  thirty  days,  or  by  both  such  fine  and 
imprisonment.      (Approved  March  24,  1916.) 


ARTICLE  5 

DIRT  CARTS 

Sec.  50.  Definition;  construction  of  carts. 
§  51.  License  fee;  designation. 

Sec.  50.  Definition;  construction  of  carts. — Every  vehicle  of  what- 
ever description,  excepting  such  as  shall  have  painted  thereon,  on 
each  side,  the  name  and  address  of  the  owner  thereof  in  plain  letters 
and  figures  of  at  least  3  inches  in  length,  used  in  carting  or  transport- 
ing dirt,  sand,  gravel,  clay,  paving  stones,  ashes,  garbage  or  building 
rubbish  within  the  city  shall  be  deemed  a  dirt  cart.  Every  such 
vehicle  of  whatever  description,  whether  or  not  described  as  a  dirt 
cart,  shall  be  furnished  with  a  good  and  tight  box,  whereof  the  sides, 
forepart  and  tailboard  shall  be  at  least  18  inches  high,  and  of  suf- 
ficient capacity  to  contain  not  less  than  12  cubic  feet  and  shall  be 
securely  covered  when  loaded,  so  as  to  prevent  the  contents  from 
being  scattered  upon  the  streets.  (C.  O.,  §  356.) 

§51.  License  fee;  designation;  term. — The  annual  license  fee  for 
each  dirt-cart  shall  be  $1.  Every  licensed  dirt-cart  shall  show 
on  each  outside  thereof  the  words  "Dirt  Cart,"  or  the  letters  "D.  C.," 
together  with  the  figures  of  its  official  number. 

Licenses  for  dirt-carts  shall  be  issued  as  of  August  1,  and  shall 
expire  on  the  31st  day  of  July  next  succeeding  the  date  of  issuance 
thereof. 

ARTICLE  6 

EXPRESSES  AND   EXPRESSMEN 

Sec.  60.  Definition. 

§  61.  License  fee;  designation. 

§  62.  Licensed  drivers  required. 

§  63.  Proprietor's  bond. 

§  64.  Charges. 

Sec.  60.  Definition. — Every  vehicle  of  whatever  construction,  kept 
or  used  for  the  conveyance  of  baggage,  packages,  parcels  and  other 
articles  within  or  through  the  city  for  pay,  shall  be  deemed  a  public 
express,  and  the  owner  thereof  shall  be  deemed  a  public  expressman. 
The  term  expressman  shall  be  deemed  to  include  any  common  carrier 
of  baggage,  packages,  parcels  or  other  articles  within  or  through  the 
city.  (C.  O.,  §  330.) 

§  61.  License  fee;  designation. — The  annual  fee  for  each  vehicle 
used  as  a  public  express  shall  be  $5.  Every  such  vehicle  shall  show 
on  the  exterior  of  both  sides  thereof  the  word  "express,"  or  the  ab- 
breviation "Exp.,"  with  the  number  of  its  license. 

Licenses  for  express  wagons  shall  be  issued  as  of  October  1,  and 


LICENSES  349 

shall  expire  on  the  30th  day  of  September  next  succeeding  the  date 
of  issuance  thereof.  (Amend.  July  16,  1915.) 

§  62.  Licensed  drivers  required. — Every  person  driving  a  licensed 
express  shall  be  licensed  as  such,  and  shall  pay  an  annual  license  fee 
of  $1.  Every  application  for  an  express  driver's  license  shall  be  en- 
dorsed, in  writing,  by  two  reputable  residents  of  the  city,  testifying 
to  the  competence  of  the  applicant.  No  owner  of  a  public  express 
shall  employ  an  unlicensed  driver  under  a  penalty  of  $10  for  each 
offense. 

Licenses  for  express  drivers  shall  be  issued  as  of  October  1,  and 
shall  expire  on  the  30th  day  of  September  next  succeeding  the  date 
of  issuance  thereof.  (As  amend.) 

§  63.  Proprietor's  bond. — Every  owner  of  a  public  express  shall 
give  a  bond  to  the  city,  for  each  and  every  vehicle  licensed,  in  a  penal 
sum  of  $100,  with  sufficient  surety,  approved  by  the  commissioner, 
conditioned  for  the  safe  and  prompt  delivery  of  all  baggage,  packages, 
parcels  and  other  articles  or  things  entrusted  to  the  owner  or  driver 
of  any  such  licensed  express.  (C.  O.,  §  332.) 

§  64.  Charges.— The  legal  rates  for  regular  deliveries,  unless  other- 
wise mutually  agreed,  shall  be  as  follows  in  the  city: 

1.  Between  points  within  any  borough — 

Not  more  than  5  miles  apart,  each  piece $0  40 

Not  more  than  10  miles  apart,  each  piece 55 

Not  more  than  15  miles  apart,  each  piece 75 

2.  Between  points  in  different  boroughs:  One-half  the  above  rates  in 
addition. 

3.  Special  deliveries:  At  rates  to  be  mutually  agreed  upon.    (C.  O., 
§333.) 

ARTICLE  7 

EXTERIOR  HOISTS 

Sec.  70.  Licenses;  fees. 
§71.  "Danger"  sign. 

Sec.  70.  Licenses;  fees;  term. — No  person  shall  hoist  anything  what- 
soever, on  the  outside  of  a  building  from  the  street,  into  any  loft  or 
lower  anything  on  the  outside  thereof,  by  any  means,  without  a 
license  therefor  and  giving  an  indemnity  bond  to  the  city,  with 
sufficient  surety,  approved  by  the  commissioner.  Anyone  generally 
engaged  in  such  a  business  shall  take  out  a  general  license,  and  any- 
one so  hoisting  in  front  of  certain  premises  only  shall  take  put  a 
spccinl  license  therefor.  The  annual  fee  for  a  general  hoisting  license 
shall  be  $25.  The  fee  for  a  special  license  shall  be  $1.  (C.  O., 
§§  307,  358,  359,  as  amended  July  16,  1915.) 

All  licenses  for  exterior  hoists  shall  be  issued  as  of  January  1,  and 
shall  expire  on  the  31st  day  of  December  next  succeeding  the  date 
of  issuance  thereof.  (Amend.  Dec.  23,  1917.) 

§  71.  "Danger"  sign.— The  holder  of  a  general  or  special  hoisting 
license,  while  engaged  in  such  hoisting  or  lowering  over  any  sidewalk, 
roadway  or  public  place,  shall  give  warning  thereof  by  2  signs  dis- 
playing the  word  "  Danger,"  in  letters  at  least  6  inches  long,  which 


350  CODE   OF   ORDINANCES   OP  THE   CITY   OP  NEW   YORK 

shall  be  conspicuously  placed  at  a  safe  distance  on  either  side  of  the 
place  where  the  hoisting  is  being  done.    (C.  O.,  §  360.) 


ARTICLE  8 

HACKS,   CABS  AND   TAXICABB 

Sec.    80.  Definitions. 
§    81.  Exemptions. 
§    82.  Jurisdiction. 
§    83.  License  for  vehicle,  application  for. 

§84.  Inspection  before  licensing  vehicle. 

85.  License  card  and  plate. 

86.  Fees  for  licensing  vehicles;  refunds. 

87.  Register  of  licensed  vehicles. 

88.  Inspection  of  licensed  hacks. 

89.  Suspension  and  revocation  of  hack  licenses. 

90.  Drivers'  licenses;  applications  for. 

91.  Examination  of  drivers. 

92.  Photograph  of  driver. 

93.  Form  and  term  of  drivers'  licenses. 

94.  Driver's  badge. 

95.  Renewal  of  drivers'  licenses. 

96.  Fees  for  drivers'  licenses. 

97.  Suspension  or  revocation  of  drivers'  licenses. 

98.  Record  of  drivers'  licenses. 

99.  Hack  stands. 

100.  Regulation  of  hacks  at  stands. 

101.  Taximeters. 

102.  Rates  of  fare. 

103.  Prepayment  of  fare. 

104.  Disputed  fares. 

105.  Over-charge. 

106.  "Cruising";  soliciting. 

«,  107.  Articles  found  in  hacks. 
§  108.  Public  garages. 
§  109.  Violations. 

This  article  is  taken  from  the  Ord.  of  June  2,  1913,  which  was  held  valid  in  Yellow 
Taricab  Co.  v.  Gaynor,  82  Misc.  94,  aff'd  159  App.  Div.  893;  followed  144  Supp. 


Sec.  80.  Definitions. — Unless  otherwise  expressly  stated,  whenever 
used  in  this  article,  the  following  terms  shall  respectively  be  deemed 
to  mean: 

1.  Public  hack,  a  vehicle  plying  for  hire,  for  which  public  patron- 
age is  solicited  upon  the  streets;  any  vehicle  carrying  passengers  for 
hire,  operating  from  or  in  a  railroad  station  or  steamship  landing. 

2.  Cab,  a  public  hack  so  designed  and  constructed  as  comfortably 
to  seat  in  the  opinion  of  the  commissioner  of  licenses  not  more  than 
two  persons  inside  thereof; 

3.  Coach,  a  public  hack  so  designed  and  constructed  as  comfort- 
ably to  seat  in  the  opinion  of  the  commissioner  of  licenses  4  or  more 
persons  inside  thereof; 


LICENSES  351 

4.  Sightseeing    car,   a  motor-driven    vehicle  designed   to   carry  7  or 
more  persons  from  a  fixed  locality  to  points  of  interest  about  the  city. 

5.  Taximeter,  a  mechanical  instrument  or  device  by  which  the  charge 
for  hire  of  a  public  hack  is  mechanically  calculated,  either  for  distance 
traveled  or  for  waiting  time,  or  for  both,  and  upon  which  such  charge 
shall  be  indicated  by  means  of  figures; 

6.  Little  taxicab,  a  cab  driven  by  mechanical  power  on  which  a  taxi- 
meter is  affixed; 

7.  Taxicab,  a  coach  driven  by  mechanical  power  on  which  a  taxi- 
Tuctcr  is  affixed.     Any  vehicle  that  has  a  taximeter  affixed  and  uses 
the  streets  of  the  city  for  the  purpose  of  carrying  passengers  for  hire, 
shall  be  deemed  a  public  hack  and  must  be  licensed  under  this  article. 
(Ord.  June  2,  1913.) 

The  last  paragraph  of  this  section  was  an  amendment  passed  Dec.  15,  1914,  and 
sustained  in  Mason-Seaman  Transp.  Co.  v.  Mitchell,  89  Misc..  230.  As  to  taxi- 
met  ITS,  see  People  v.  Cuneen,  94  Misc.  509. 

Hotel  omnibus  conveying  guests  of  a  hotel  to  and  from  station  free  of  charge  is 
not  a  "public  conveyance."  City  of  Oswego  v.  Collins,  38  Hun,  171. 

§81.  Exemptions. — This  article  shall  not  apply  to  any  omnibus 
running  by  authority  of  any  ordinance,  law,  or  permit  upon  a  fixed 
route  through  the  city.  (Ord.  June  2,  1913.) 

§  82.  Jurisdiction, — The  licensing  and  inspecting  of  public  hacks, 
the  inspecting  and  sealing  of  taximeters,  the  examining  of  applicants 
for  licenses  to  drive  such  public  hacks,  and  the  licensing  of  drivers, 
as  hereinafter  provided  in  this  article,  and  the  enforcing  of  the  pro- 
visions of  this  article,  shall  be  under  the  control  of  the  commissioner 
of  licenses.  The  commissioner  is  hereby  empowered  to  appoint  such 
inspectors  as  may  be  found  necessary  to  carry  out  the  provisions  of 
this  article,  who  shall  be  paid  such  compensation  as  shall  be  fixed  by  law. 
(Ord.  June  2,  1913.) 

The  powers  vested  here  in  the  Commissioner  of  Licenses,  were  formerly  vested 
in  the  Mayor  and  the  Bureau  of  Licenses,  which  was  under  his  immediate  control. 

The  power  of  the  Mayor  to  license  vehicles  in  general  is  discretionary,  as  the 
object  of  the  ordinance  is  not  so  much  to  raise  a  tax  as  to  preserve  good  order. 
People  v.  Mayor,  etc.,  of  New  York,  7  How.  Pr.  81.  No  permit  could  be  granted 
for  hacks  to  stand  in  front  of  private  property,  or  other  than  general  public  hack 
stands,  without  the  consent  of  the  owner  of  the  property  affected.  McCaffrey  v. 
Smith  (Village  of  Saratoga),  41  Hun,  117.  But  where  the  owner  consents  and  there 
is  no  nuisance  created  hackmen  may  reasonably  use  the  public  highway  (Holland 
House  and  Waldorf).  People  ex  rel.  Thompson  v.  Brookfield,  6  App.  Div.  398. 
And  a  party  having  a  special  license  to  stand  in  front  of  a  restaurant  and  hotel 
(Rector's)  may  enjoin  others  from  using  it  as  a  hack  stand.  Odell  v.  Bretney,  62 
App.  Div.  595,  93  App.  Div.  607.  But  to  justify  issuing  such  a  special  license  there 
must  be  a  special  necessity  for  its  issuance.  Odell  v.  Bretney,  38  Misc.  603.  Where 
H  livery  stable  keeper  in  New  Jersey  sends  cabs  to  Brooklyn  to  meet  transatlantic 
•teamen  no  license  is  required.  City  of  New  York  v.  Hexamer,  59  App.  Div.  4. 
A  hackman  has  no  power  to  carry  on  his  business  in  the  public  streets  where  it  is 
forbidden.  People  v.  Commissioner  of  Saratoga  Springs,  90  App.  Div.  555.  The 
"special  licenses"  formerly  granted  were  abolished.  Odell  v.  Bretney,  dist.;  Hef- 
feron  v.  N.  Y.  Taxicab  Co.,  146  App.  Div.  311. 

§  83.  License  for  vehicle,  application  for. — No  public  hack  shall  ply  for 
hire  upon  the  streets  of  the  city  wihout  first  obtaining  a  license  from  the 
commissoner.  Such  licenses  shall  be  issued  as  of  April  1,  and  shall  expire 
on  the  March  1  next  succeeding,  unless  sooner  suspended  or  revoked 
by  the  commissioner.  Renewals  of  licenses  issued  hereunder  shall  be 
made  as  of  the  date  of  February  1  and  to  expire  March  31  of  the  next 
succeeding  year,  the  fee  to  be  computed  at  the  rate  of  14  instead  of  12 
months.  Applications  for  licenses  for  public  hacks  shall  be  made  by  the 
owner  upon  blank  forms  to  be  furnished  by  the  department  of  licenses, 


352  CODE  OF  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 

and  such  applications  shall  contain  the  full  name  and  address  of  the 
owner,  the  class  of  the  vehicle  for  which  the  license  is  desired,  the 
length  of  time  the  vehicle  has  been  in  use,  the  number  of  persons  it 
is  capable  of  carrying,  and,  if  a  motor-driven  vehicle,  the  motor  power 
thereof.  (Amend.  Jan.  27,  1921.) 

A  cab  with  flag  up  is  "plying  for  hire"  and  must  be  licensed.  People  v.  Milne, 
86  Misc.  417. 

§  84.  Inspecting  before  licensing  vehicle. — No  vehicle  shall  be  li- 
censed until  it  has  been  thoroughly  and  carefully  inspected  and  ex- 
amined, and  found  to  be  in  thoroughly  safe  condition  for  the  trans- 
portation of  passengers;  clean,  fit,  of  good  appearance,  and  well 
painted  and  varnished.  The  commissioner  shall  make,  or  have 
made,  by  his  deputies  or  inspectors,  such  examination  and  inspection 
before  issuing  a  license.  The  commissioner  shall  refuse  a  license  to, 
or  if  already  issued,  revoke  or  suspend  the  license  of  any  vehicle 
found  by  him  to  be  unfit  or  unsuited  for  public  patronage.  He 
shall  examine  any  taximeter  attached  to  any  public  hack  and  see 
that  the  same  is  accurate  before  issuing  a  license  to  the  hack.  The 
commissioner  is  hereby  authorized  and  empowered  to  establish 
reasonable  rules  and  regulations  for  the  inspection  of  public  hacks 
and  their  appurtenances,  construction,  and  condition  or  fitness. 
(Ord.  June  2,  1913.) 

§  85.  License  card  and  plate. — If,  upon  inspection,  a  public  hack 
is  found  to  be  of  lawful  construction  and  in  proper  condition,  in 
accordance  with  the  provisions  of  this  article  and  the  rules  and 
regulations  established  hereunder,  and  upon  payment  of  the  license 
fees  hereinafter  set  forth,  the  same  shall  be  licensed,  by  delivering 
to  the  owner  a  card  of  such  size  and  form  as  may  be  prescribed  by 
the  commissioner.  The  card  shall  contain  the  official  license  number 
of  the  hack,  together  with  the  date  of  inspection  of  the  same,  and  a 
statement  to  the  effect  that,  in  case  of  any  complaint,  the  commis- 
sioner shall  be  notified,  giving  the  license  number  of  the  hack.  Such 
card  shall  be  signed  by  the  commissioner  or  his  deputy,  and  shall 
contain  blank  spaces  upon  which  an  entry  shall  be  made  of  the  date 
of  every  inspection  of  the  vehicle  by  the  inspector.  License  cards 
shall  be  of  a  distinctly  different  color  each  year,  and,  in  the  case  of 
public  hacks  driven  by  mechanical  power,  the  license  number  as- 
signed hereunder  shall,  in  each  case,  be  the  same  as  that  assigned 
to  the  vehicle  for  that  year,  pursuant  to  law.  The  commissioner,  or 
a  duly  authorized  subordinate,  shall  also  affix,  to  a  conspicuous  and 
indispensable  part  of  each  public  hack,  a  small  plate  not  exceeding 
6  inches  in  diameter,  which  shall  bear  the  license  number  of  the  ve- 
hicle. The  design  of  such  plates  shall  be  changed  annually.  (Ord. 
June  2,  1913.) 

§  86.  Fees  for  licensing  vehicles;  refunds.  1.  Schedule. — The  fol- 
lowing license  fees  shall  be  paid: 

For  each  cab $5  00 

For  each  coach  and  each  sightseeing  car 10  00 

Such  license  fees  shall  be  in  lieu  of,  and  not  in  addition  to,  any 
fees  heretofore  established,  and  except  as  above  provided  no  charge 
shall  be  made.  In  the  case  of  licenses  issued  on  or  after  October  1, 
in  each  year  hereafter,  one-half  of  the  above  fees  shall  be  paid. 

2.  Refunds.     The  comptroller  is  hereby  authorized  to  make  a 


LICENSES  353 

pro  rata  refund  to  the  holders  of  licenses  the  operation  of  which  said 
licenses  was  superseded  by  the  new  licenses  issued  under  the  public 
hack  ordinance  that  became  effective  August  1,  1913.  Applications 
for  refund  under  this  provision  shall  first  be  presented  in  writing  to 
the  commissioner  of  licenses,  together  with  the  original  license  super- 
seded by  the  new  license  or  satisfactory  evidence  that  the  old  license 
has  been  lost  or  destroyed,  and  no  refund  shall  be  made  in  any  case 
that  the  commissioner  shall  not  first  certify  to  the  comptroller  that 
the  applicant  has  paid  the  fee  prescribed  by  law  prior  to  August  1. 
1913,  and  that  a  certain  specified  part  of  the  term  of  the  license  had 
not  expired  on  said  August  1,  1913.  Refunds  under  this  provision 
shall  be  made  by  the  comptroller  from  the  Sinking  Fund  for  the  Re- 
demption of  City  Debt  No.  1,  when  authorized  by  resolution  of  the 
commissioners  of  the  sinking  fund.  (Ord.  July  14,  1914.) 

§  87.  Register  of  licensed  vehicles. — The  commissioner  shall  keep  a 
register  of  the  name  of  each  person  owning  or  operating  a  vehicle 
licensed  under  this  article,  together  with  the  licensed  number  and  the 
description,  make  and  necessary  dimensions  of  such  vehicle,  with  the 
date  and  complete  record  of  inspections  made  of  it.  Such  records 
shall  be  open  to  the  inspection  of  the  public  at  all  reasonable  times, 
and  shall  be  public  records,  extracts  of  which  may  be  certified,  for  use 
as  evidence,  by  the  commissioner  or  one  of  his  deputies.  (Ord. 
June  3,  1913.) 

§  88.  Inspection  of  licensed  hacks. — The  commissioner  shall  main- 
tain constant  vigilance  over  all  public  hacks,  to  see  that  they  are 
kept  in  a  condition  of  continued  fitness  for  public  use,  and,  to  this 
end,  the  commissioner  through  his  deputies  and  inspectors,  shall 
inspect  all  public  hacks,  from  time  to  time,  or  on  the  complaint  of 
any  citizen,  as  often  as  may  be  necessary.  Reports  in  writing  of  all 
inspections  shall  promptly  be  made  to  the  commissioner.  (Ord. 
June  2,  1913.) 

§  89.  Suspension  and  revocation  of  hack  licenses. — Licenses,  granted 
under  this  article,  may  be  revoked  or  suspended  at  any  time  by  the 
commissioner  if  the  vehicle  shall  not  be  in  good  condition  and  appear- 
ance, clean  and  safe;  and,  in  case  of  horse-drawn  vehicles,  if  the 
horse  or  horses  are  unfit  for  use.  Licenses  when  so  suspended  or 
revoked  shall  not  be  reissued  until  the  vehicle  and  all  its  appurte- 
nances shall  be  put  in  fit  condition  for  use  by  the  public,  to  the 
satisfaction  of  the  commissioner.  (Ord.  June  2,  1913.) 

§  90.  Drivers'  licenses;  applications  for. — Every  person  driving  a 
public  hack  must  be  licensed  as  such.  Each  applicant  for  a  driver's 
license  must — 

(a)  Be  of  the  age  of  21  years  or  over,  except  that  licenses  issued 
prior  to  the  passage  of  this  amendment  may  be  renewed  as  heretofore. 
(Amend.  March  1,  1921.) 

(b)  Be  of  sound  physique,  with  good  eyesight  and  not  subject  to 
epilepsy,  vertigo,  heart  trouble,  or  any  other  infirmity  of  body  or  mind 
which  might  render  him  unfit  for  the  safe  operation  of  a  public  hack; 

(c)  Be  able  to  read  and  write  the  English  language; 

(d)  Be  clean  in  dress  and  person  and  not  be  addicted  to  the  use 
of  intoxicating  liquors; 

(e)  Produce,  on  forms  to  be  provided  by  the  department,  affidavits 
of  his  good  character  from  two  reputable  citizens  of  the  city  who  have 
known  him  personally  and  observed  his  conduct  during  one  year 


354  CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK 

next  preceding  the  date  of  his  application,  and  a  further  testimonial,  on 
a  form  provided  for  that  purpose,  from  his  last  employer,  unless,  in 
the  estimation  of  the  commissioner,  sufficient  reason  is  given  for  its 
omission; 

(f)  Fill  out,  upon  a  blank  form  to  be  provided  by  the  department, 
a  statement  giving  his  full  name,  residence,  places  of  residence  for  5 
years  previous  to  moving  to  his  present  address,  age,  color,  height, 
color  of  eyes  and  hair,  place  of  birth,  length  of  time  he  has  resided  in 
the  city,  whether  a  citizen  of  the  United  States,  places  of  previous  em- 
ployment, whether  married  or  single,  whether  he  has  ever  been  con- 
victed of  a  felony  or  a  misdemeanor,  whether  he  has  been  summoned 
to  court,  whether  he  has  previously  been  licensed  as  a  driver  or  chauffeur, 
and  if  so,  whether  his  license  has  ever  been  revoked,  and  for  what  cause, 
which  statement  shall  be  signed  and  sworn  to  by  the  applicant  and  filed 
in  the  department,  as  a  permanent  record.  Any  false  statement  made 
by  applicant  for  a  license  shall  be  promptly  reported  by  the  commis- 
sioner to  the  district  attorney  of  the  county  in  which  the  application  was 
made. 

The  commissioner  is  hereby  authorized  and  empowered  to  estab- 
lish such  additional  rules  and  regulations  governing  the  issue  of  drivers' 
licenses,  not  inconsistent  herewith,  as  may  be  necessary  and  reasonable. 
(Ord.  June  2,  1913.) 

§  91.  Examination  of  drivers. — Each  applicant  for  driver's  license 
under  the  provisions  of  this  article  shall  be  examined,  by  a  person  des- 
ignated by  the  commissioner,  as  to  his  knowledge  of  the  provisions  of 
this  article,  the  traffic  regulations,  and  the  geography  of  the  city,  and, 
if  the  result  of  the  examination  be  unsatisfactory,  he  shall  be  refused  a 
license.  Each  such  applicant  must,  if  required  by  the  commissioner, 
demonstrate  his  skill  and  ability  to  safely  handle  his  vehicle,  by  driving 
it  through  a  crowded  section  of  the  city,  accompanied  by  an  inspector 
of  the  department.  (Ord.  June  2,  1913.) 

§  92.  Photograph  of  driver. — Each  applicant  for  a  driver's  license 
must  file  with  his  application  2  recent  photographs  of  himself,  of  a 
size  which  may  be  easily  attached  to  his  license,  one  of  which  shall  be 
attached  to  the  license  when  issued,  the  other  shall  be  filed  with  the 
application  in  the  department.  The  photograph  shall  be  so  attached 
to  the  license  that  it  cannot  be  removed  and  another  photograph  sub- 
stituted without  detection.  Each  licensed  driver  shall,  upon  demand 
of  an  inspector  of  licenses,  a  policeman,  or  a  passenger  exhibit  his  license 
and  photograph  for  inspection.  Where  the  application  for  a  license  is 
denied,  the  photograph  shall  be  returned  to  the  applicant  by  the  de- 
partment. (Ord.  June  2,  1913.) 

§93.  Form  and  terms  of  drivers'  licenses. — Upon  satisfactory  fulfill- 
ment of  the  foregoing  requirements,  there  shall  be  issued  to  the  applicant 
a  license,  which  shall  be  in  such  form  as  to  contain  the  photograph  and 
signature  of  the  licensee,  and  blank  spaces  upon  which  a  record  may  be 
made  of  any  arrest  of  or  serious  complaint  against  him.  Any  licensee  who 
defaces,  removes  or  obliterates  any  official  entry  made  upon  his  license 
shall  be  punished  by  the  revocation  of  his  license.  Drivers'  licenses  shall 
be  issued  as  of  April  1,  in  each  and  every  year,  and  shall  be  valid  to  and 
including  the  31st  day  of  March  next  succeeding.  Renewals  of  licenses 
issued  hereunder  shall  be  made  as  of  the  date  of  February  1  and  to  ex- 
pire March  31  of  the  next  succeeding  year,  the  fee  to  be  computed  at  the 
rate  of  14  instead  of  12  months. 

Adopted  January  18,  1921.     Approved  January  27,  1921. 

§94.  Driver's   badge. — There    shall    be    delivered    to    each    licensed 


LICENSES  355 

driver  a  metal  badge,  of  such  form  and  style  as  the  commissioner 
may  prescribe,  with  his  license  number  thereon,  which  must,  under 
penalty  of  revocation  of  the  license,  be  constantly  and  conspicuously 
displayed  on  the  outside  of  the  driver's  coat  when  he  is  engaged  in 
his  employment.  (Ord.  June  2,  1913.) 

§  95.  Renewal  of  drivers'  licenses. — The  commissioner  may  renew 
a  driver's  license,  from  year  to  year,  by  appropriate  endorsement 
thereon.  A  driver  in  applying  for  a  renewal  of  his  license  shall 
make  such  application,  upon  a  form  to  be  furnished  by  the  depart- 
ment, . entitled  "Application  for  Renewal  of  License,"  which  shall 
be  filled  out  with  the  full  name  and  address  of  the  applicant,  together 
with  a  statement  of  the  date  upon  which  his  original  license  was 
granted  and  the  number  thereof.  (Ord.  June  2,  1913.) 

§  96.  Fees  for  drivers'  licenses. — The  following  license  fees  shall 
be  paid  for  drivers'  licenses:  For  each  original  license,  $1;  for  each 
renewal  thereof,  50  cents.  (Ord.  June  2,  1913.) 

§  97.  Suspension  or  revocation  of  drivers'  licenses. — Drivers'  li- 
censes may  be  suspended  or  revoked  at  any  time  by  the  mayor, 
the  commissioner  or  any  city  magistrate.  Any  such  suspension 
shall  be  noted  on  the  license,  together  with  a  statement  of  the  reasons 
therefor,  and  the  driver  shall  be  deprived  of  his  badge  by  the  official 
suspending  or  revoking  such  license.  When  the  license  is  suspended 
or  revoked  by  an  official  other  than  the  commissioner,  the  drivers' 
badge  and  a  note  of  the  revocation  or  suspension  shall  be  forthwith 
forwarded  to  the  commissioner;  the  badge  to  be  returned  at  the 
expiration  of  the  period  for  which  the  license  was  suspended.  A 
second  suspension  for  the  same  reason,  or,  in  any  case,  a  third  sus- 
pension of  a  driver's  license,  shall  revoke  the  license.  No  driver 
whose  license  has  been  revoked  shall  again  be  licensed  as  a  public 
hack  driver  in  the  city,  unless  upon  the  presentation  of  reasons 
satisfactory  to  the  commissioner,  or  in  a  case  where  a  license  has 
been  suspended  or  revoked  by  the  mayor  or  by  a  city  magistrate,  the 
approval  of  the  mayor  or  such  city  magistrate  shall  be  necessary 
to  the  restoration  or  reissue  of  such  license.  Whenever  a  license  is 
suspended  or  revoked  by  a  city  magistrate,  notice  of  such  suspension 
or  revocation,  with  the  cause  thereof,  shall  be  forwarded  to  the 
commissioner.  The  commissioner  shall  notify  the  police  department 
whenever  such  a  license  is  revoked.  (Amend,  effective  May  9,  1916.) 

§  98.  Record  of  drivers'  licenses. — There  shall  be  kept  in  the  de- 
partment a  complete  record  of  each  license  issued  to  a  driver,  and 
of  all  renewals,  suspensions  and  revocations  thereof,  which  record 
shall  be  kept  on  file  with  the  original  application  of  the  driver  for 
a  license.  (Ord.  June  2,  1913.) 

§  99.  Hack  stands.  1.  Former  stands  abolished. — All  public  hack 
stands  heretofore  designated  by  the  board  of  aldermen  are  hereby 
abolished.  All  special  hack  stands  are  hereby  abolished  and  licenses 
for  the  same  shall  not  be  issued  hereafter. 

2.  Designation  of  stands.  The  commissioner  is  hereby  authorized 
to  locate  and  designate,  as  public  hack  stands,  the  space  alongside  the 
curb  adjacent  to  property  used  as  public  parks,  public  buildings, 
railroad  stations,  steamship  and  ferry  landings,  hotels,  restaurants, 
theatres,  and  the  centre  of  any  street  where  the  roadway,  exclusive 
of  the  sidewalk,  is  30  feet  in  width  or  more.  The  commissioner 


356  CODE   OF  ORDINANCES  OP  THE   CITY   OF  NEW   YORK 

may  also  designate  the  space  beside  the  curb,  adjacent  to  subway 
entrances  and  elevated  railway  steps,  as  stands  for  a  limited  num- 
ber of  public  hacks.  The  commissioner  shall  further  designate 
the  number  of  such  public  hacks  that  shall  be  allowed  to  stand  at 
any  of  the  places  designated  by  him,  and  the  department  shall  pro- 
vide a  metal  sign,  which  shall  be  attached  to  a  post  or  stanchion 
adjacent  to  the  said  stand,  and  on  which  sign  shall  be  placed  the 
number  and  kind  of  vehicles  allowed  on  that  particular  hack  stand. 
Owners  of  any  property  may  apply  to  the  commissioner  for  the 
establishment  of  a  public  hack  stand,  adjacent  to  their  premises, 
stating  in  said  application  the  number  of  public  hacks  they'  desire 
to  come  on  said  stand,  and  also  the  kind  of  locomotion  to  be  used, 
whether  gasoline,  electric  motor  or  horses.  Such  application  shall 
be  granted  solely  in  the  discretion  of  the  commissioner,  and  may 
be  revoked  by  him  at  any  time.  There  shall  be  delivered  to  the 
owner  of  the  property  making  such  application  a  metal  sign,  to  be 
fixed  to  a  stanchion  on  the  curb  or  other  conspicuous  place,  setting 
forth  the  kinds  of  public  hacks  and  the  number  thereof  that  will 
be  allowed  on  said  stand. 

3.  Restriction.  The  commissioner  may  not  establish  a  public 
hack  stand  hi  the  centre  of  any  street,  opposite  to  the  premises 
where  the  owner  has  applied  for  and  received  the  permit  last  above 
mentioned,  during  the  time  such  permit  is  in  operation.  (Ord. 
June  2,  1913.) 

Sustained  in  Waldorf  Astoria  v.  City  of  N.  Y.,  212  N.  Y.  97.  The  special  hack 
stands  abolished  in  subd.  1  were  held  legal  in  City  of  N.  Y.  v.  Reesing,  38  Misc.  129, 
aff'd,  77  App.  Div.  417.  Power  to  designate  stands  must  be  used  with  discretion, 
cannot  authorize  creation  of  a  private  nuisance.  Masterson  v.  Short,  35  How.  Pr. 
169. 

As  to  hack  stands  see  notes  in  14  L.  R.  A.  557;  25  L.  R.  A.  (N.  S.)  403;  33  L.  R.  A. 
(N.  S.)  471,  and  cases  cited  under  §  82,  supra. 

§  100.  Regulation  of  hacks  at  stands. — Only  public  hacks,  in  such 
numbers  and  of  such  kinds  as  are  set  forth  on  the  metal  sign,  may 
remain  at  the  stand  while  waiting  for  employment,  and  only  in  single 
file,  pointed  in  accordance  with  the  traffic  regulations.  No  public 
hack  standing  at  the  head  of  any  such  line  shall  refuse  to  carry 
any  orderly  person  applying  for  a  hack,  who  agrees  to  pay  the  proper 
rate  of  fare;  but  this  shall  not  prevent  any  person  from  selecting 
any  hack  he  may  desire  on  the  stand,  whether  it  be  at  the  head  of 
the  line  or  not.  As  the  hacks  leave  the  line  with  passengers,  those 
behind  shall  move  up,  and  any  public  hack,  seeking  a  space  on  the 
stand,  shall  approach  the  same  only  from  the  rear  of  the  stand  and 
shall  stop  as  near  as  possible  to  the  last  cab  already  on  the  line.  No 
public  hack  shall  stand  at  the  curb  within  15  feet  of  the  entrance  to 
any  building  adjacent  to  a  hack  stand  located  and  designated  by 
the  commissioner,  in  accordance  with  the  first  sentence  of  the  second 
subdivision  of  the  preceding  section;  which  shall  be  determined  by 
measuring  15  feet  on  each  side  of  the  point  on  the  curb  opposite 
the  middle  of  the  entrance  to  the  adjacent  building.  No  hack  shall 
stand  within  5  feet  of  any  crosswalk. 

The  commissioner  may  suspend  or  revoke  the  license  of  any  public 
hack  driver  who  shall  stand  in  front  of  the  entrance  of  any  building, 
within  the  prohibited  space,  after  his  passengers  desiring  to  leave 
have  alighted,  or  who  sbaJJ  attempt  to  stand  in  said  prohibited  spacQ 


LICENSES  357 

waiting  for  passengers,  or  who  shall  violate  any  of  the  other  provi- 
sions of  this  section.    (Ord.  June  2,  1913.) 

§  101.  Taximeters.  1.  When  required. — Every  public  hack  driven 
by  mechanical  power,  seating  4  passengers  or  less,  shall  have  affixed 
thereto  a  taximeter  of  a  size  and  design  approved  by  the  commis- 
sioner. Motor  driven  vehicles,  with  7  passenger  or  5  passenger  open 
touring  car  bodies,  may  be  licensed  as  public  coaches  and  public 
cabs,  respectively. 

2.  Inspection.     No  license  shall  be  issued  to  a  public  hack  until  the 
taximeter  attached  thereto  shall  have  been  inspected  and  found  to 
be  accurate. 

3.  Inaccuracy.     No  person  shall  use  or  permit  to  be  used  upon  any 
public  hack  a  taximeter  which  shall  be  in  such  condition  as  to  be  orer 
5  per  cent,  incorrect,  to  the  prejudice  of  any  passenger. 

4.  Wheel-operated,  prohibited.     No  taximeter  affixed  to  a  public 
hack  propelled  by  steam,  gasolene,  electricity,  or  other  motor  power, 
shall  be  operated  from  any  wheel  to  which  the  power  is  applied. 

5.  Illumination  of  dial.     After  sundown,  the  face  of  every  taxi- 
meter shall  be  illuminated  by  a  suitable  light,  so  arranged  as  to  throw 
a  continuous,  steady  light  thereon. 

6.  Case  to  be  sealed.     No  person  shall  use  or  permit  to  be  used,  or 
drive  for  hire,  a  public  hack  equipped  with  a  taximeter  the  case  of 
which  is  unsealed  and  not  having  its  cover  and  gear  intact. 

7.  False  signal.     No  driver  of  a  public  hack  equipped  with  a 
taximeter  or  other  similar  device,  while  carrying  passengers  or  under 
employment,  shall  display  the  signal  affixed  to  such  taximeter  or 
other  similar  device  in  such  position  as  to  denote  such  vehicle  is  not 
employed,  or  in  such  position  as  to  denote  that  he  is  employed  at 
a  rate  of  fare  different  from  that  to  which  he  is  entitled  under  the 
provisions  of  this  article. 

8.  Unapproved  taximeter.     No  person  shall  drive  a  public  hack  to 
which  is  attached  a  taximeter  that  has  not  been  duly  inspected  and 
approved. 

9.  Violations.     A  violation  of  any  of  the  provisions  of  this  section 
shall  render  the  offender  or  offenders  liable,  upon  conviction  before 
any  city  magistrate,  to  a  fine  of  not  more  than  $50  for  each  and  every 
offense,  and,  in  default  of  payment  of  such  fine,  he  may  be  commit- 
ted to  prison  until  the  same  shall  be  paid,  but  such  imprisonment 
shall  not  exceed  10  days.    (Ord.  June  2,  1913.) 

§  102.  Rates  of  fare. — The  maximum  rates  of  fare  for  public  hacks 
shall  be  as  follows: 

1.  Motor  vehicles,  except  "sight-seeing"  cars — 
For  not  more  than  two  passengers: 

For  the  first  half-mile,  or  any  fraction  thereof $0  30 

For  each  succeeding  one-quarter  mile,  or  any  fraction 

thereof 10 

For  3  or  more  passengers: 

For  the  first  half-mile,  or  any  fraction  thereof 40 

For  each  succeeding  one-sixth  mile,  or  any  fraction  thereof . .         10 

2.  Sight-seeing  cars — 

No  rates  are  hereby  established  for  sight-seeing  cars,  but  a  schedule 
of  the  rates  charged  for  each  trip  shall,  before  the  trip,  be  prom- 
inently displayed  upon  the  car,  and  a  charge  greater,  or  attempt  to 


358  CODE   OP   ORDINANCES  OF  THE   CITY   OF  NEW   YORK 

charge  any  passenger  a  sum  greater  than  that  set  forth  in  said  sched- 
ules, shall  be  deemed  a  violation  of  this  article. 

3.  Horse-drawn  vehicles — 
For  cabs: 

For  the  first  mile,  or  any  fraction  thereof $0  50 

For  each  succeeding  one-half  mile,  or  any  fraction  thereof. . .         20 
For  coaches: 

For  the  first  mile,  or  any  fraction  thereof 70 

For  each  succeeding  one-half  mile,  or  any  fraction  thereof ...         30 

4.  Hourly  rates   (applying  only  to  horse-drawn   vehicles  when 
shopping  or  calling;  not  including  park  or  road  driving,  nor  driving 
more  than  5  miles  from  starting  point) : 

For  the  first  hour,  or  any  part  thereof $1  50 

For  each  additional  one-half  hour 50 

5.  Miles,  in  Manhattan.     In  case  of  public  hacks  on  which  tax- 
imeters are  not  affixed,  when  driving  on  the  numbered  streets,  or 
numbered  and  lettered  avenues,  in  the  borough  of  Manhattan,  20 
blocks  north  and  south,  and  7  blocks  between  the  numbered  and 
lettered  avenues  constitute  a  mile  for  the  purpose  of  this  ordinance; 
this  provision  shall  be  set  forth  on  the  rate  card  hereinafter  required. 

(a)  For  waiting  time  at  the  rate  of  $1.50  per  hour; 

(b)  For  each  piece  of  luggage  carried  outside,  20  cents.    No  charge 
shall,  however,  be  made  for  hand  bags  and  suit  cases; 

(c)  Ferriage  and  tolls  in  all  cases  to  be  paid  by  the  party  using  the 
vehicle. 

A  copy  of  the  foregoing  rates  of  fare  shall  be  furnished  by  the 
department  to  each  public  hack,  and  shall  at  all  times  be  pasted  in  a 
conspicuous  place  in  the  inside  thereof.  The  department  shall 
provide  each  public  hack  with  a  printed  receipt  pad,  and  every  public 
hackman  shall  keep  on  hand  a  supply  thereof,  and  shall,  whenever 
requested,  give  a  passenger  a  receipt,  on  such  official  form,  for  the 
fare  paid.  Nothing  herein  contained  is  designed  to  prevent  a  person 
from  making  an  agreement  with  the  owner  of  the  public  hack  to 
furnish  him  with  transportation,  at  a  rate  to  be  agreed  upon  between 
them,  for  a  day,  week  or  month.  But  the  person  with  whom  the 
owner  of  the  public  hack  makes  such  an  agreement  is  not  at  liberty 
to  hire  out  the  vehicle  to  another  person.  (Ord.  June  2,  1913.) 

§  103.  Prepayment  of  fare. — Every  driver  of  a  public  hack  shall 
have  the  right  to  demand  payment  of  the  legal  fare  in  advance, 
and  may  refuse  employment  unless  so  prepaid,  but  no  driver  of  a 
public  hack  shall,  otherwise,  refuse  or  neglect  to  convey  any  orderly 
person  or  persons  upon  request  anywhere  in  the  city,  unless  pre- 
viously engaged  or  unable  to  do  so.  No  driver  of  a  licensed  hack 
shall  carry  any  other  person  than  the  passenger  first  employing  a 
hack,  without  the  consent  of  said  passenger.  (Ord.  June  2,  1913.) 

§  104.  Disputed  fares. — All  disputes  as  to  fares  shall  be  determined 
by  the  officer  in  charge  of  the  police  station  nearest  to  the  place  where 
the  dispute  is  had;  failure  to  comply  with  such  determination  shall 
subject  the  offending  party  to  a  charge  of  disorderly  conduct,  pun- 
ishable by  a  fine  of  not  exceeding  $10,  or,  in  default  of  payment 
thereof,  by  imprisonment  for  not  more  than  10  days.  (Ord.  June  2, 
1W3.) 


LICENSES  359 

§  105.  Over-charge. — No  person  shall  charge  or  attempt  to  charge 
any  passenger  a  greater  rate  of  fare  than  that  to  which  the  public  hack 
is  entitled,  under  the  provisions  of  this  article.  (Ord.  June  2,  1913.) 

§106.  "Cruising";  soliciting. — No  public  hack,  while  waiting  em- 
ployment by  passengers,  shall  stand  on  any  public  street  or  place 
other  than  at,  or  upon  a  public  hack  stand,  designated  or  established 
in  accordance  with  this  article;  nor  shall  any  driver  of  such  hack  seek 
employment  by  repeatedly  and  persistently  driving  his  hack  to  and  fro 
in  a  short  space  before  or  by  otherwise  interfering  with  the  proper  and 
orderly  access  to  or  egress  from,  any  theatre,  hall,  hotel,  public  resort, 
railway  or  ferry  station  or  other  place  of  public  gathering;  but  any  hack- 
man  may  solicit  employment  by  driving  through  any  public  street  or 
place  without  stops,  other  than  those  due  to  obstruction  of  traffic,  and 
at  such  speed  as  not  to  interfere  or  impede  traffic,  and  may  pass  and  re- 
pass  before  any  theatre,  hall,  hotel,  public  resort,  railway  or  ferry  station, 
or  other  place  of  public  gathering;  provided  that,  after  passing  such 
public  place,  he  shall  not  turn  and  repass  until  he  shall  have  gone  a 
distance  of  2  blocks  upon  the  streets  and  highways  of  the  city,  and  no 
person  shall  solicit  passengers  for  a  public  hack,  except  the  driver  of  a 
public  hack,  when  sitting  upon  the  driver's  box  of  his  vehicle.  No  person 
shall  be  allowed  to  ride  on  the  box  with  the  driver.  (Ord.  June  2,  1913.) 

§  107.  Articles  found  in  hacks. — Every  driver  of  a  public  hack,  imme- 
diately after  the  termination  of  any  hiring  or  employment,  must  care- 
fully search  such  hack  for  any  property  lost  or  left  therein,  and,  any  such 
property,  unless  sooner  claimed  or  delivered  to  the  owner,  must  be  taken 
to  the  nearest  police  station  and  deposited  with  the  officer  in  charge, 
within  24  hours  after  the  finding  thereof,  and  the  officer  to  whom  such 
report  shall  be  made,  shall  forward  a  written  notice  to  the  department  of 
licenses,  with  brief  particulars  and  description  of  the  property.  (Ord. 
June  2,  1913.) 

§  108.  Public  garages.  1.  Definition. — A  public  garage  is  hereby 
defined  as  a  place  in  which  space  is  rented  for,  or  in  which  are  stored, 
motor  vehicles  of  any  kind  whatever  to  be  let  for  hire  at  any  time. 

2.  Record  of  cars  and  chauffeurs.    Each  and  every  keeper  of  a  public 
garage  shall  record  in  a  book  kept  solely  for  such  purpose,  the  time  of 
departure  from  such  garage  of  every  motor  vehicle  kept  for  hire,  giving 
the  names  and  addresses  of  the  owner  and  driver  thereof,  the  name  and 
class  of  vehicle,  the  license  number  of  the  driver  and  the  license  number 
of  the  vehicle;  and  the  time  of  the  return  to  the  garage  of  each  such 
vehicle  shall  also  be  entered  in  said  book.    Said  record  book  shall  be  open 
for  inspection  at  all  times  to  the  representatives  of  the  police  department 
and  the  department  of  licenses. 

3.  Violations.     Any  person,  either  keeper  or  acting  as  keeper  of  a 
public  garage,  guilty  of  a  violation  of  this  ordinance,  or  any  part  thereof, 
Khali,  upon  conviction  thereof,  be  fined  as  follows:  For  the  first  offense 
in  a  sum  not  less  than  $10,  and  in  default  of  payment  of  such  fine  he  may 
be  committed  to  the  City  Prison,  each  day  of  such  committal  to  be  taken 
as  liquidation  of  $1  of  such  fine;  for  the  second  offense  in  a  sum  not  less 
than  $25,  and  in  default  of  payment  of  such  fine  committal  to  the  City 
Prison,  each  day  of  such  committal  to  be  taken  as  liquidation  of  $1  of 
such  fine,  or  both.    (Ord.  Sept.  24,  1913.) 

§  109.  Violations.  1.  Owners. — Any  owner  or  driver  of  a  vehicle, 
not  licensed  and  equipped  in  accordance  with  the  provisions  of  this 
article,  or  of  a  vehicle  the  license  of  which  has  been  suspended  or  re- 
voked, who  engages  in  the  business  of  a  public  hack,  as  defined  hereby, 
or  attempts  to  engage  in  such  business,  or  solicits  for  hire  passengers  upon 
the  streets  shall,  upon  conviction  before  any  city  magistrate,  be  punished 
by  a  fine  of  not  over  $50,  or  imprisonment  not  exceeding  30  days,  or 
both. 

2.  Drivers.  Any  person,  not  having  been  duly  licensed  as  a  public 
linck  driver,  or  any  person  whose  license  as  such  driver  has  been  revoked, 


360  CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK 

or  any  person  whose  license  has  been  suspended  and  who,  during  the 
time  of  such  suspension,  drives  for  hire  a  public  hack  upon  the  streets, 
shall,  upon  conviction  before  any  city  magistrate,  be  punished  by  a  fine  of 
not  over  $50  or  imprisonment  for  a  term  not  exceeding  30  days,  or  both. 

3.  Miscellaneous.    Upon  the  conviction  of  any  person  for  any  violation 
of  a  provision  of  this  article,  for  which  no  punishment  is  specifically 
provided,  he  or  she  shall  be  punished  as  provided  in  §  10  of  chapter  27 
of  this  ordinance. 

4.  Suspension  or  revocation  of  licenses.     In  addition  to  the  fine,  im- 
prisonment, or  both,  authorized  by  any  subdivision  of  this  section,  any 
licensee  shall  be  subject  to  the  suspension  or  revocation  of  his  license, 
upon  conviction  for  any  violation  of  this  article.    The  commissioner  may, 
in  his  discretion,  suspend  or  revoke  a  license  granted  under  any  provision 
of  this  article,  pending  or  in  advance  of  the  criminal  prosecution  of  the 
license.    (Ord.  June  2,  1913.) 


ARTICLE  9 

JUNK  DEALERS 

Sec.  120.  Definitions. 

121.  License  fee  and  bond. 

122.  Restrictions. 

123.  Record  of  purchases. 

124.  Reports  to  police  department. 

125.  Lost  or  stolen  goods. 

126.  Violations. 

§  120.  Definitions.  1.  Junkman,  junkshop,  junk  cartman,  junk  boat- 
man. Any  one  dealing  in  the  purchase  or  sale  of  junk,  old  rope,  old 
iron,  brass,  copper,  tin,  lead,  rubber,  paper,  rags,  bagging,  slush  or  empty 
bottles,  in  large  or  small  quantities,  in  eluding -junk  cartmen  and  junk 
boatmen,  shall  be  deemed  to  be  a  junk  dealer  and  his  place  of  business 
a  junk  shop.  This  ordinance  shall  not  apply  to  persons  engaged 
exclusively  in  the  purchase  and  sale  in  large  quantities  of  scrap  iron 
and  steel,  or  woolen  rags,  or  paper  stock,  but  each  said  person  shall 
annually  file  with  the  Police  Commissioner  and  Commissioner  of  Licenses, 
a  statement,  in  writing,  setting  forth  the  name  and  address  of  such 
person  and  the  character  of  the  business  thereof. 

2.  Junk  cart,  junk  boat.  Any  vehicle  in  the  streets,  or  any  vessel 
in  the  waters  of  the  city,  used  for  the  purpose  of  collecting  or  selling 
junk,  old  rope,  old  iron,  brass,  copper,  tin,  lead,  rubber,  paper,  rags, 
bagging,  slush  or  empty  bottles,  shall  be  deemed,  respectively,  a  junk 
cart  or  junk  boat,  and  the  owner  or  owners  thereof  junk  dealers.  Any 
vehicle  used  for  the  purpose  of  collecting  or  selling  any  article  or  articles 
hereinbefore  enumerated  shall  be  furnished,  by  the  Department  of 
Licenses,  with  a  plate,  to  be  affixed  to  a  conspicuous  and  indispensable 
part  of  the  vehicle,  on  which  plate  shall  be  clearly  set  forth  the  official 
number  of  the  junk  cart  with  the  words  "Junk  Cart"  and  the  date  of 
expiration  of  the  license,  and  the  design  or  color  of  this  plate  shall  be 
changed  at  the  beginning  of  each  license  year,  and  in  the  case  of  a  junk 
boat,  the  words  "Junk  Boat"  and  the  figures  of  the  official  number 
thereof  shall  be  painted  in  white  block  letters  and  figures  respectively  at 
least  eighteen  inches  high  and  two  inches  wide  on  a  black  background  on 
the  stern  and  also  on  both  the  port  and  starboard  sides  of  the  boat,  at  the 
forward  end  thereof;  and  no  person  shall  do  such  collecting  or  selling  in 
any  other  way  or  manner  than  as  aforesaid.  In  the  case  of  a  junk  boat, 
there  shall  be  but  one  person  on  the  boat. 

§  121.  License  fee  and    bond,    term.     Every    junk    dealer  shall  pay 


LICENSES  361 

an  annual  license  fee  of  $20  and  give  a  bond  to  the  City,  with  suffi- 
cient surety  approved  by  the  commissioner  of  licenses,  in  the  penal 
sum  of  $250,  conditioned  for  the  due  observance  of  all  provisions  of 
law  and  municipal  ordinances  relating  to  such  dealers,  excepting  in  the 
case  of  a  junk  dealer  operating  a  junk  boat,  who  shall  furnish  for  each 
junk  boat  so  operated,  a  bond,  with  sufficient  surety  approved  by  the 
commissioner  of  licenses,  in  the  sum  of  $1,000  conditioned  for  the  due 
observance  of  all  provisions  of  law  and  municipal  ordinances  relating  to 
such  dealers.  Each  junk  dealer  operating  one  or  more  junk  carts  or  junk 
boats,  shall  pay  an  annual  license  fee  of  $5  for  each  horse-drawn  or  power 
vehicle  or  for  each  boat,  and  an  annual  license  fee  of  $2  for  each  push  cart. 

All  junk  dealers'  licenses,  including  junk  cartmen  and  junk  boat- 
men shall  be  issued  as  of  November  1,  and  shall  expire  on  the  31st  day 
of  October  next  succeeding  the  date  of  issuance  thereof. 

§  122.  Restrictions.  1.  Place.  No  junk  dealer,  including  junk  cart- 
men  and  junk  boatmen,  shall  carry  on  business  at  any  other  place  than 
the  one  designated  in  the  license  therefor,  which  place  of  business  shall  be 
within  the  limits  of  the  City  of  New  York,  nor  shall  he  continue  to  carry  on 
business  after  such  license  has  been  suspended  or  revoked,  or  has  expired. 

2.  Purchases.      No  junk   dealer,   including  junk   cartmen   and   junk 
boatmen,  shall  purchase  any  goods,  article  or  thing  whatsoever  from  any 
minor,  apprentice  or  servant,  knowing  or  having  reason  to  believe  the 
seller  to  be  such,  nor  from  any  person  between  the  hours  of  6  p.  m.  and 
7  a.  m. 

3.  Sales  by  dealers.    No    article  or  articles  hereinabove  enumerated, 
except  old  iron    purchased  in  lots  of  one   thousand    pounds    or    over, 
old  paper  and  old  rags,  shall  be  sold  or  disposed  of  by  a  junk  dealer,  in- 
cluding junk   boatmen  and  junk  cartmen,  until  the  expiration  of  48 
hours  after  such  purchase  or  receipt. 

4.  Prohibition  as  to  second  hand  dealers.     No  person,   firm  or  cor- 
poration licensed  as  a  second  hand  dealer  shall  deal  in  the  purchase 
or  sale  of  any  article  or  articles  enumerated  in  section  120  hereof,  or 
employ  or  use  a  cart,  wagon,  boat  or  other  vehicle  for  the  purpose  of 
collecting  any  such  things  or  materials. 

5.  Other  business.     No  one  licensed  as  a  junk  dealer,  including  junk 
cartmen  and  junk  boatmen,  shall  be  licensed  as  a  pawnbroker  or  dealer 
in  second  hand  articles  in  the  city. 

6.  No  licensed  junk  dealer,  including  junk  boatmen  and  junk  cartmen, 
shall  purchase  or  sell  any  new  goods. 

§  123.  Record  of  purchases.  Every  junk  dealer,  including  junk  cart- 
men  and  junk  boatmen,  shall  keep,  at  his  place  of  business,  which  place 
shall  be  within  the  limits  of  the  City  of  New  York,  a  book  in  which 
shall  be  legibly  written,  in  English,  at  the  time  of  every  purchase  or  sale, 
a  description  of  every  article  so  purchased  or  sold,  the  name,  residence 
and  general  description  of  the  person  or  persons  from  whom  sach  pur- 
chase was  made  or  to  whom  such  sale  was  made,  the  day  and  hour  of 
such  purchase  or  sale,  and,  when  the  purchase  consists  of  articles  from  a 
scow,  coal-boat,  lighter,  tug  or  other  vessel,  the  name  of  such  scow, 
coal-boat,  lighter,  tug  or  other  vessel,  and  the  name  and  residence  of  the 
owner  thereof;  and  such  book  shall  at  all  reasonable  times  be  open  to  the 
inspection  of  any  police  officer,  or  the  mayor,  the  commissioner  or  any 
inspector  of  licenses,  or  any  magistrate,  or  person  duly  authorized  in 
writing,  for  such  purpose,  by  the  commissioner  or  any  magistrate,  who 
shall  exhibit  such  authorization  to  the  dealer. 

§  124.  Reports  to  the  police  department.  Every  junk  dealer,  including 
junk  cartmen  and  junk  boatmen,  upon  being  served  with  a  written  notice 
so  to  do  by  a  member  of  the  police  department,  shall  report  to  the  police 
commissioner,  on  blank  forms  to  be  furnished  by  the  police  department . 
an  accurate  description  of  all  goods,  articles  or  things  purchased  or  re- 
ceived in  the  course  of  business  of  the  junk  dealer  during  the  days  speci- 
fied in  such  notice,  stating  the  amount  paid  for,  and  the  name,  residence 


362  CODE  OF  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 

and  general  description  of  the  person  from  whom  such  goods,  articles  or 
things  were  received. 

§  125.  Lost  or  stolen  goods.  If  any  goods,  articles  or  thing  whatsoever, 
shall  be  advertised  in  any  newspaper  printed  in  the  city  as  having  been 
lost  or  stolen,  and  if  the  same  or  any  such  answering  to  the  description 
advertised  or  any  part  thereof  shall  be  or  come  into  the  possession  of  any 
junk  dealer,  including  junk  cartmen  and  junk  boatmen,  such  dealer, 
upon  receiving  written,  printed  or  oral  notice  so  to  do,  shall  give  informa- 
tion thereof  in  writing  to  the  police  commissioner,  stating  from  whom  the 
same  was  received.  Every  junk  dealer,  as  aforesaid,  who  shall  have  or 
receive  any  goods,  article  or  thing  lost  or  stolen,  or  alleged  or  supposed  to 
have  been  lost  or  stolen,  shall  exhibit  the  same,  on  demand,  to  any  police 
officer,  or  to  the  mayor,  commissioner  or  any  inspector  of  licenses, 
or  any  magistrate,  or  any  person  duly  authorized  in  writing,  by  the 
commissioner  or  any  magistrate,  who  shall  exhibit  such  authorization 
to  such  dealer. 

§  126.   Violations.    Any  person  who  shall  violate,  or  neglect,  or  refuse 
to  comply  with  any  of  the  provisions  of  this  article,  shall,  upon  convic- 
tion thereof,  be  punished  by  a  fine  of  not  more  than  $200,  or  by  imprison- 
ment not  exceeding  sixty  days,  or  by  both  such  fine  and  imprisonment. 
Adopted  June  26,  1917.    Approved  July  2,  1917. 

ARTICLE  9a 
(Added  by  ord.  effective  Dec.  31, 1916) 

PAWNBROKERS 

Sec.  126.  Record  of  pledges. 
§  127.  Pawnbroker's  clerks. 
§  128.  Report  to  the  police  department. 
§  129.  Violations. 

Sec.  126.  Record  of  pledges. — Every  pawnbroker  shall,  at  the  time 
of  .each  loan,  record  the  transaction  in  legible  English  in  a  book  which 
he  shall  keep  for  the  purpose,  setting  forth  in  each  instance: 

1.  A  description  of  the  goods,  articles  and  things  pawned  or  pledged; 

2.  The  amount  of  money  loaned  thereon; 

3.  The  date  of  receipt  of  the  pledge; 

4.  The  rate  of  interest  charged,  if  other  than  a  legal  rate; 

5.  The  name  and  residence  given  by  the  person  pawning  or  pledging 
such  goods,  articles  or  things. 

§  127.  Pawnbroker's  clerks. — No  pawnbroker  shall  employ  a  clerk 
or  other  person  under  the  age  of  16  years,  to  accept  or  receive  any  pledge. 

§  128.  Report  to  the  police  department. — Every  pawnbroker  shall, 
at  such  time  or  times  as  the  police  commissioner  may  prescribe  in  a 
written  notice,  to  be  served  upon  such  pawnbroker  by  a  member  of  the 
police  department,  report  to  the  police  commissioner,  on  blank  forms 
to  be  furnished  by  the  police  department,  a  description  such  as  is  re- 
quired to  be  kept  under  §  126,  subdivision  1  of  this  chapter,  of  all  goods, 
articles  or  things,  or  any  part  thereof,  pawned  or  pledged  in  the  course 
of  business  of  the  pawnbroker  during  the  days  specified  in  such  notice, 
stating  the  numbers  of  the  pawn  tickets  issued  therefor,  the  amounts 
loaned  thereon,  and  such  identifying  marks  as  may  be  on  the  goods 
pawned,  and,  if  such  notice  from  the  police  commissioner  so  prescribes, 
such  pawnbroker  shall,  from  that  time  and  until  he  is  notified  to  discon- 
tinue so  doing,  keep  and  furnish  on  such  blank  forms,  a  general  descrip- 
tion of  every  person  depositing  such  pledges,  consisting  of  sex,  color  and 
apparent  age. 

§  129.   Violation^. — Any  person  who  shall  wilfully  violate,  or  neglect 


LICENSES  363 

or  refuse  to  comply  with  any  of  the  provisions  of  this  ordinance,  shall, 
upon  conviction  thereof,  be  punished  by  a  fine  of  not  more  than  $100,  or 
by  imprisonment  of  exceeding  10  days,  or  by  both  such  fine  and  imprison- 
ment. 


ARTICLE  10 

PEDDLERS,   HAWKERS   AND   VENDEES 

Sec.  130.  Definitions;  exceptions. 
§  131.  License  fee. 
§  132.  Designation  of  vehicles. 

Sec.  130.  Definitions;  exceptions.  1.  Definitions. — Any  person 
hawking,  peddling,  vending  or  selling  merchandise  in  the  streets  of 
the  city  shall  be  deemed  to  be  a  peddler,  and  shall  be  classified  as 
follows:  A  peddler  using  a  motor-driven  vehicle;  a  peddler  using  a 
horse  and  wagon;  a  peddler  using  a  push  cart;  and  a  peddler  per- 
sonally carrying  merchandise.  (Amend.  April  24,  1916.) 

See  People  v.  Meyer,  1 10  Misc.  439. 

2.  Newspapers.    This  article  shall  not  apply  in  any  way  to  the 
selling  of  newspapers  or  periodicals. 

3.  Farmers.    Any  person,  owning  or  operating  a  farm  in  the  city 
and  selling,  in  the  streets,  produce  raised  on  such  farm,  shall  not  be 
deemed  a  peddler  within  the  meaning  of  this  article.    Any  such  per- 
son may  make  application  to  the  commissioner,  and,  upon  affidavit 
setting  forth  sufficient  facts  to  entitle  him  to  this  exemption,  he  shall 
thereupon  receive  a  certificate  thereof.    (C.  O.,  §§  347,  348.) 

Ordinance  requiring  a  license  for  peddlers  sustained.  Village  of  Ballston  Spa  v. 
Markham,  58  Hun,  238.  As  to  power  imposed  on  Mayor  to  issue  a  license,  see 
Bradley  v.  Rochester,  54  Hun,  140.  All  statutes  regulating  hawking  and  peddling 
must  be  strictly  construed.  Village  of  Stamford  v.  Fisher,  140  N.  Y.  187.  Ordi- 
nance restricting  peddling  to  certain  hours  is  not  unconstitutional.  City  of  Buffalo 
v.  Schleifer,  2  Misc.  216,  51  St.  Rep.  58,  21  N.  Y.  Supp.  913.  An  ordinance  re- 
stricting peddling  at  public  markets  sustained.  Village  of  Buffalo  v.  Webster, 
10  Wend.  100.  As  to  peddling  milk,  see  People  ex  rel  Larabee  v.  Mulholland, 
82  N.  Y.  324.  Where  a  license  is  required  and  none  is  taken  out,  the  peddler  cannot 
recover  the  price  of  his  goods.  Best  v.  Bauder,  29  How.  Pr.  489. 

License  to  peddle  required.    Jones  v.  Foster,  43  App.  Div.  33. 

Ordinance  prohibiting  sale  of  peanuts  and  popcorn  in  street  unless  from  wagon 
drawn  by  a  horee  or  horses,  held  unreasonable.  People  v.  Gilbert,  68  Misc.  48,  53. 

§  131.  License  fees;  term. — The  annual  license  fees  payable  by 
peddlers  shall  be,  for  each  peddler: 

Using  a  motor-driven  vehicle $8  00 

Using  a  horse  and  wagon 8  00 

Using  a  push  cart 4  00 

Personally  carrying  his  merchandise 2  00 

All  peddler  licenses  shall  be  issued  as  of  May  1  and  shall  expire  on 
the  30th  day  of  April  next  succeeding  the  date  of  issuance  thereof. 

All  peddler  licenses  now  hi  force,  which  shall  not  sooner  expire, 
shall  expire  on  the  30th  day  of  April,  1916,  but  all  such  licenses  for 
peddlers  may  be  renewed  by  the  licensees,  if  presented  on  or  before 
July  31st,  1916,  and  for  each  full  calendar  month  of  the  unexpired 
term  of  the  old  license  a  pro  rata  amount  of  the  fee  paid  therefor 
shall  be  applied  toward  the  payment  of  the  new  fee. 

All  peddlers  using  motor-driven  vehicles  and  operating  as  such  at 
the  time  this  ordinance  takes  effect  under  licenses  issued  to  them  as 


364  CODE   OF   ORDINANCES   OP  THE    CITY   OP  NEW  YORK 

i 

peddlers  using  a  horse  and  wagon,  may  continue  to  operate  under 
such  license  until  April  30,  1916,  unless  sooner  expiring,  and  upon 
such  expiration  may  be  renewed  as  peddlers  using  a  motor-driven 
vehicle,  as  hereinbefore  provided.  (Amend.  Dec.  28,  1915.) 

§  132.  Designation  of  vehicles. — Any  vehicle  used  in  peddling  shall 
show  on  each  outside  thereof  the  words  "Licensed  Peddler,"  to- 
gether with  the  figures  of  its  official  number,  and  any  peddler  duly 
licensed  to  use  a  horse  and  wagon  or  a  motor-driven  vehicle  may 
employ  2  persons,  and  no  more,  to  assist  in  selling  and  delivering  the 
wares,  but  such  persons  shall  so  act  only  while  accompanying  a 
licensed  peddler. 

ARTICLE  11 

PUBLIC  CARTS  AND  CARTMEN 

Sec.  140.  Definitions. 

§  141.  Classification. 

§  142.  Licenses,  license  plates. 

§  143.  License  fees. 

§  144.  Charges. 

Sec.  140.  Definitions. — Every  vehicle,  of  whatever  construction, 
drawn  by  animals  or  propelled  by  any  motor  power,  which  is  kept  for 
hire  or  used  to  carry  merchandise,  household  or  office  furniture  or 
other  bulky  articles  within  the  city,  for  pay,  shall  be  deemed  to  be 
a  public  cart,  and  the  owner  thereof  shall  be  deemed  to  be  a  public 
cartman.  (Ord.  June  2,  1914.) 

An  ordinance  requiring  a  license  to  be  taken  out  where  trucks  are  used  for  hire 
was  held  valid  in  City  of  Brooklyn  v.  Breslin,  57  N.  Y.  591.  And  it  has  been  held 
that  where  a  license  was  required,  unless  one  was  taken  out,  the  driver  or  owner  of 
carts  and  trucks  used  for  public  hire  could  not  recover  for  services  actually  ren- 
dered. Ferdon  v.  Cunningham,  20  How.  Pr.  154. 

§  141.  Classification. — Public  carts  shall  be  divided  into  two 
classes,  namely,  motor  driven  public  carts  and  horse  drawn  public 
carts. 

1.  Horse  drawn.    Horse  drawn  public  carts  shall  be  divided  into 
two  classes: 

A — To  include  all  public  carts  drawn  by  1  horse  and  having  an 
inside  floor  space  of  at  least  40  square  feet. 

B — To  include  all  public  carts  drawn  by  2  or  more  horses  and 
having  an  inside  floor  surface  of  at  least  70  square  feet. 

2.  Motor  driven.  Motor  driven  public  carts  shall  be  divided  into 
two  classes: 

F — To  include  all  motor  driven  public  carts  having  an  inside  floor 
surface  of  at  least  70  square  feet. 

G— To  include  all  motor  driven  public  carts  having  an  inside 
floor  surface  of  at  least  90  square  feet. 

In  all  of  the  above  measurements,  a  variation  of  more  than  5  per 
cent,  shall  not  be  accepted.  (Ord.  June  29,  1914.) 

§  142.  Licenses  and  license  plates. — Upon  the  payment  of  the  fee 
hereinafter  provided  the  commissioner  shall  issue  a  license  to  the 
owner  of  the  vehicle,  together  with  a  plate,  to  be  affixed  to  a  con- 


LICENSES  365 

spicuous  and  indispensable  part  of  such  public  cart,  on  which  shall 
be  clearly  set  forth  the  official  number  of  the  vehicle,  with  the  words 
"Public  Cart."  The  design  or  color  of  the  plate  shall  be  changed 
at  the  beginning  of  each  license  year,  which  shall  be  August  1  of 
each  year.  (Ord.  June  2,  1914.) 

§  143.  License  fees. — The  following  annual  license  fees  shall  be 
paid: 

All  public  carts  in  class  A  shall  pay  a  fee  of $2  00 

All  public  carts  in  class  B  shall  pay  a  fee  of 2  00 

All  public  carts  in  class  F  shall  pay  a  fee  of 5  00 

All  public  carts  in  class  G  shall  pay  a  fee  of 5  00 

Such  license  fees  shall  be  in  lieu  of  and  not  in  addition  to  any  fees 
heretofore  established,  and,  except  as  above  provided,  no  charge 
shall  be  made.  (Ord.  June  2,  1914.) 

§  144.  Charges. — 1.  Special  contract.  The  amount  to  be  charged 
for  loading,  transporting,  or  transmitting  and  unloading  of  mer- 
chandise, household  or  office  furniture?  or  other  bulky  articles,  by  a 
public  cartman,  may  be  agreed  upon  in  advance  and  such  contract 
or  agreement  shall  control  and  regulate  the  employment.  In  every 
case  where  such  agreement  is  entered  into,  it  shall  be  the  duty  of  the 
public  cartman  to  furnish  the  person  with  whom  he  contracts  a 
written  memorandum,  to  be  signed  by  both  parties  or  their  respon- 
sible and  authorized  representatives,  setting  forth  clearly  the  terms 
of  the  contract.  This  memorandum  shall  be  upon  blanks  to  be  ap- 
proved by  the  department. 

2.  General.  The  legal  rates  for  transporting  merchandise,  house- 
hold or  office  furniture,  or  other  bulky  articles  (other  than  pianos), 
including  the  loading  and  unloading  thereof,  unless  otherwise  agreed 
upon  as  set  forth  in  the  foregoing  paragraph,  shall  be  as  follows 
(said  charges  to  commence  from  the  time  of  arrival  of  vehicle  or 
vehicles  at  the  place  from  which  articles  are  to  be  transported,  and 
to  end  when  articles  are  delivered) : 

(a)  Where  a  vehicle  drawn  by  1  horse,  and  having  an  inside  floor 
surface  of  at  least  40  square  feet  is  used,  $1.25  per  hour,  said  vehicle 
to  be  propelled  at  not  less  than  3  miles  an  hour; 

(b)  Where  a  vehicle  drawn  by  2  or  more  horses,  and  having  an 
inside  floor  surface  of  at  least  70  square  feet  is  used,  $1.50  per  hour, 
said  vehicle  to  be  propelled  at  not  less  than  3  miles  an  hour. 

(c)  Where  a  motor-driven  vehicle,  having  an  inside  floor  surface 
of  at  least  70  square  feet  is  used,  $1.75  per  hour,  said  vehicle  to  be 
propelled  at  not  less  than  8  miles  per  hour; 

(d)  Where  a  motor-driven  vehicle,  having  an  inside  floor  surface 
of  at  least  90  square  feet  is  used,  $2.50  per  hour,  said  vehicle  to  be 
propelled  at  not  less  than  8  miles  an  hour; 

(e)  For  the  services  of  each  man  in  addition  to  the  operator  or 
driver,  50  cents  per  hour. 

The  number  of  men  to  be  engaged  on  any  one  job  or  operation 
is  not  to  exceed  four,  including  the  driver,  except  when  specially 
agreed  upon  by  the  person  hiring  the  public  cart.  In  case  any  vehi- 
cle, while  engaged  in  the  transportation  of  merchandise,  household 
or  office  furniture,  or  other  bulky  articles,  should  break  down  or 
become  disabled  from  any  cause,  no  charge  shall  be  made  for  the 
period  of  such  disability. 


366  CODE    OF   ORDINANCES   OP  THE   CITY   OF  NEW   YORK 

3.  Pianos,  (a)  Where  a  piano  is  transported  in  the  same  public 
cart  as  other  articles  of  household  or  office  furniture,  and  is  part  of 
the  same  operation  or  job,  an  additional  charge  of  not  exceeding 
$1.50  may  be  made  for  transporting  it. 

(b)  Where  a  piano  is  transported  as  a  separate  operation  or  job 
and  the  distance  travelled  is  3  miles  or  less,  the  charge  therefor  shall 
not  exceed  $3,  including  labor  and  use  of  vehicle  therefor;  for  each 
additional  mile  or  part  thereof,  50  cents. 

(c)  For  transporting  pianos  either  up  or  down  one  or  more  flights 
of  stairs,  50  cents  for  each  flight. 

(d)  For  transporting  pianos  up  or  down,  by  means  of  elevator, 
$1  additional. 

(e)  Where  the  handling  of  a  piano  involves  the  use  of  a  hoist, 
tackle  and  rigging  at  either  or  both  ends  of  the  operation  or  job, 
a  charge  of  not  more  than  $5  additional  will  be  permitted. 

4.  Adjustment  of  disputes.  All  disputes  as  to  the  rate  or  amount 
of  compensation  shall  be  adjusted  by  the  police  officer  in  charge 
of  the  police  station  nearest  to  the  place  where  such  dispute  is  had. 
On  failure  to  abide  by  the  decision,  the  said  load,  or  a  part  thereof 
sufficient  to  secure  charges  thereon,  shall  be  taken  to  a  convenient 
storage  warehouse  and  a  notice,  in  writing,  with  a  brief  statement 
of  particulars,  shall  be  sent  at  once  by  the  public  cartman  to  the 
commissioner  of  licenses.     (Ord.  June  2,  1914.) 


ARTICLE  12 

PUBLIC   PORTERS 

Sec.  150.  License  required;  hotel  runners  excepted. 
§  151.  License  fees. 
§  152.  Badge. 

§  153.  Impersonation  of  public  porters  and  hotel  runners. 
§  154.  Service  obligatory. 
§  155.  Charges. 
§  156.  Overcharges. 

Sec.  150.  License  required;  hotel  runners  excepted. — No  person 
shall  carry,  or  use  any  wheelbarrow  or  handcart  to  carry,  transport- 
er convey  baggage,  goods,  or  other  things  from  place  to  place  for  hire, 
wages  or  pay  for  such  conveyance;  nor  be  at  any  hotel,  boarding 
house,  ferry,  steamboat  landing,  railroad  station  or  depot,  and  solicit 
or  accept  the  conveyance  of  baggage  or  other  articles,  without  being 
licensed.  This  section  shall  not  be  construed  to  prevent  any  person, 
employed  in  an  hotel  or  boarding  house,  from  conveying  any  baggage 
or  other  article  thereto  or  therefrom,  by  handcart  or  wheelbarrow, 
provided  the  name  of  the  hotel  and  boarding  house,  and  the  keeper 
thereof,  shall  be  painted  distinctly  on  both  sides  of  the  vehicle,  and 
on  a  badge  worn  on  the  front  of  his  hat  or  cap,  so  as  to  be  easily 
and  distinctly  seen.  (C.  O.,  §  329a.) 

§  151.  License  fees. — Every  person  on  receiving  a  license  to  be  a 
public  porter  shall  pay  a  fee  of  SI ;  and  the  sum  of  25  cents  upon  each 
renewal  of  such  license.  (C.  O.,  §  329c.) 


LICENSES  367 

All  public  porter  licenses  shall  be  issued  as  of  January  1,  and  shall 
expire  on  the  31st  day  of  December  next  succeeding  the  date  of  is- 
suance thereof. 

§  152.  Badge.— Each  public  porter  shall  wear,  in  a  conspicuous 
place  about  his  person,  so  as  to  be  easily  seen,  a  brass  plate  or  badge, 
on  which  shall  be  engraved  his  name,  the  words  "Public  Porter," 
and  the  number  of  his  license.  No  public  porter  shall  suffer  or  per- 
mit any  other  person  than  himself  to  carry  any  article  or  articles 
in  his  wheel  or  handbarrow,  or  handcart,  nor  to  wear  his  badge, 
or  use  his  name  in  any  way  whatever,  in  the  transportation  or  con- 
veyance of  any  thing.  (C.  O.,  §§  329d,  329j.) 

§  153.  Impersonation  of  public  porters  and  hotel  runners. — No 
person  shall  wear  or  exhibit  any  badge  purporting  to  be,  resembling 
or  being  similar  to  the  badge  of  a  public  porter.  No  person  shall 
represent  himself  as,  or  wear  or  exhibit  any  badge,  inscription,  card, 
or  device,  purporting  or  implying  that  he  is  employed  or  authorized 
by  the  keeper,  proprietor,  agent  or  officer  of  any  hotel,  boarding 
house,  vessel,  steamboat  or  railroad  company,  to  solicit,  receive  or 
convey  persons,  baggage,  or  other  things  to  or  from  any  such  hotel, 
boarding  house,  vessel,  steamboat  or  railroad  company's  station 
or  depot,  without  being  actually  and  duly  authorized  by  such 
keeper,  proprietor,  officer  or  agent  so  to  do.  (C.  O.,  §§  329d,  329k.) 

§  154.  Service  obligatory. — No  public  porter  or  handcartman  shall 
neglect  or  refuse  to  transport  any  article  or  articles  when  required  so 
to  do,  unless  he  shall  then  be  actually  and  otherwise  employed,  or 
unless  the  distance  he  shall  be  required  to  go  shall  be  more  than  2 
miles,  under  the  penalty  of  $5  for  each  offense.  (C.  O.,  §  329h.) 

§  155.  Charges. — Public  porters  shall  be  entitled  to  charge  and 
receive,  for  the  carrying  or  conveyance  of  any  article  any  distance 
within  half  a  mile,  25  cents  if  carried  by  hand,  and  50  cents  if  carried 
on  a  wheelbarrow  or  handcart;  if  the  distance  exceeds  half  a  mile, 
one-half  of  the  above  rates  in  addition  thereto,  and  in  the  same 
proportion  for  any  greater  distance.  No  porter  or  handcartman 
other  than  a  public  porter,  wearing  his  badge  as  required  by  this  ar- 
ticle, shall  be  entitled  to  recover  or  receive  any  pay  or  fare  from  any 
person,  for  the  transportation  of  any  article.  Upon  the  trial  of  any 
cause  commenced  for  the  recovery  of  any  porterage,  the  plaintiff  must 
prove  that  his  badge  was  worn  and  the  price  fixed,  agreeably  to  this 
section,  at  the  time  the  services  were  rendered  for  which  the  action 
was  brought.  (C.  O.,  §  329.) 

§  156.  Overcharge. — Any  public  porter  who  shall  ask  or  demand 
any  greater  rate  of  pay  or  compensation,  for  the  carrying  or  convey- 
ance of  any  article,  than  is  herein  provided,  shall  not  be  entitled  to 
any  pay  for  the  service,  and  it  shall  be  deemed  a  violation  of  this 
article  for  him  to  ask,  demand,  or  receive  any  greater  pay  or  com- 
pensation. (C.  O.,  §  329.) 


368  CODE   OF  ORDINANCES   OF  THE   CITY   OF   NEW   YORK 

ARTICLE  13 

SHOOTING   GALLERIES 

Sec.  160.  Definition. 
§  161.  License  fees. 

Sec.  160.  Definition;  requirements. — Any  shooting  gallery,  in  a  place 
open  to  the  public,  shall  be  deemed  to  be  included  within  the  terms  of 
this  chapter,  and  every  keeper  of  a  public  shooting  gallery  shall  main- 
tain good  order  and  allow  no  person  under  16  years  of  age  to  shoot 
therein.  (C.  O.,  §  353.) 

§  161.  License  fee. — The  annual  license  fee  for  each  public  shooting 
gallery  shall  be  $5.  (C.  O.,  §  307.) 

ARTICLE  14 

STREET   MUSICIANS 

Sec.  170.  Hand  organ  grinders. 
§  171.  Itinerant  musicians. 

Sec.  170.  Hand  organ  grinders. — No  person  shall  use  or  perform  on  a 
hand  organ  in  any  street  or  public  place,  unless  such  hand  organ  shall 
be  licensed  as  hereinafter  ordained.  Upon  payment  of  a  license  fee  of 
$5  per  annum,  the  commissioner  of  licenses  may  grant  and  issue  licenses 
for  such  number  of  hand  organs  as  he  may  deem  proper,  not  to  exceed, 
however,  the  total  number  of  800.  The  license  so  granted  and  issued 
must  be  conspicuously  displayed  at  all  times  upon  the  front  of  the  hand 
organ.  No  person  using  or  performing  upon  a  hand  organ  shall  solicit, 
ask  or  request  any  money  for  such  use  or  performance  in  any  way,  shape 
or  manner,  directly  or  indirectly.  No  person  shall  use  or  perform  upon 
a  hand  organ  in  any  street  or  public  place,  before  the  hour  of  9  a.  m.  nor 
after  the  hour  of  6  p.  m.  of  any  day;  nor  during  any  part  of  the  first  day 
of  the  week  .commonly  called  Sunday;  nor  within  a  distance  of  500  feet 
of  any  schoolhouse  or  house  of  public  worship,  during  school  hours  or 
hours  of  public  worship,  respectively;  nor  within  a  like  distance  of  any 
court,  public  office,  hospital,  asylum,  or  other  public  institution,  nor 
within  a  distance  of  250  feet  of  any  tenement  house,  dwelling  house  or 
other  building,  when  directed  or  requested  by  any  occupant  thereof  to 
refrain  from  or  discontinue  using  or  performing  upon  such  hand  organ. 
(Adapted  from  various  ordinances.) 

§  171.  Itinerant  musicians. — No  persons  shall  use  or  perform  on  any 
musical  instrument  in  any  street  or  public  place  unless  he  shall  have  been 
licensed  as  an  itinerant  musician,  as  hereinafter  provided.  Upon  the 
payment  of  a  license  fee  of  $10  per  annum,  the  commissioner  of  licenses 
may  grant  and  issue  licenses  to  such  number  of  itinerant  musicians  as 
he  may  deem  proper,  not  to  exceed,  however,  the  total  number  of  800; 
but  no  such  license  shall  be  granted  to  any  person  except  upon  the 
affidavits  of  the  applicant  and  2  other  persons,  residing  within  the  city, 
showing  that  the  applicant  has  been  a  resident  of  the  city  for  at  least 
1  year  prior  to  his  application  for  the  license,  and  setting  forth  the  dif- 
ferent places  in  which  he  has  resided  therein  during  such  period.  No 
person  licensed  as  an  itinerant  musician  shall  solicit,  ask  or  request  any 
money  for  his  performance,  as  such,  in  any  way,  shape  or  manner,  di- 
rectly or  indirectly.  No  person  shall  use  or  perform  upon  any  musical 
instrument  in  any  street  or  public  place,  before  the  hour  of  9  a.  m.  nor 
after  the  hour  of  6  p.  m.  of  any  day;  nor  during  any  part  of  the  first 
day  of  the  week,  commonly  called  Sunday;  nor  within  a  distance  of  200 
feet  of  any  schoolhouse  or  house  of  public  worship,  during  school  hours 
or  hours  of  public  worship,  respectively;  nor  within  a  like  distance  of  any 
court,  public  office,  hospital,  asylum  or  other  public  institution,  nor 
within  a  distance  of  250  feet  of  any  tenement  house,  dwelling  house  or 
other  building,  when  directed  or  requested  by  any  occupant  thereof  to 
refrain  from  or  discontinue  using  or  performing  upon  such  musical 
instrument. 

The  provisions  of  this  section  shall  apply  only  to  itinerant  musicians 
and  shall  not  be  construed  to  affect  any  band  of  music  or  organized 


LICENSES  369 

musical  or  religious  society  engaged  in  any  military  or  civic  parade,  or 
to  any  musical  performance  conducted  under  a  license  from  municipal 
authority.  (Amended  by  ord.  effective  Dec.  27,  1915.) 

The  validity  of  licenses  to  use  musical  instruments  sustained.  Roderick  v. 
Whitson,  51  Hun,  620;  People  v.  Garabel,  20  Misc.  127. 

§  172.  Term  of  license.  All  licenses  for  street  musicians  shall  be 
issued  as  of  January  1,  and  shall  expire  on  the  31st  day  of  December 
next  succeeding  the  date  of  issuance  thereof. 

Adopted  December  23,  1916.     Became  effective  January  9,  1917. 


ARTICLE   15 

MASSAGE    INSTITUTES 

Sec.  175.  Definitions. 

§  176.  Qualifications,  license  fee  and  term. 
§  177.  Violations  and  penalties. 

Sec.  175.  Definitions;  character;  institutes. — A  person  who  applies 
manual  or  mechanical  massage  or  similar  treatment  to  the  human  trunk 
or  limbs  shall  bo  deemed  to  be  intended  within  the  terms  of  this  ordinance 
a  massage  operator,  but  no  person  comprehended  within  the  provisions 
of  station  219  of  the  Sanitary  Code,  entitled  Nurses,  or  section  173  of 
the  Public  Health  Law,  relating  to  osteopathy,  shall  be  deemed  to  be 
intended  within  the  provisions  of  this  ordinance. 

Any  place  in  which  two  or  more  massage  operators  give  treatment 
shall  be  deemed  to  be  intended  within  the  terms  of  this  ordinance,  a 
massage  establishment  or  institute.  No  establishment  incorporated  as 
a  hospital  or  sanitarium  or  comprehended  under  section  226  of  the  Sani- 
tary Code,  entitled  Hospitals,  or  section  340  of  the  Sanitary  Code, 
relating  to  bathing  establishments,  shall  be  deemed  to  be  within  the 
provisions  of  this  ordinance. 

§  176.  Qualifications,  license  fee  and  terms. — The  Commissioner  of 
Licenses,  with  the  approval  of  the  Police  Commissioner,  shall  license  in 
his  discretion  such  operators  and  institutes  as  shall  have  complied  with 
the  rules  and  regulations  laid  down  by  the  Board  of  Aldermen  and  further 
any  such  rules  and  regulations  to  be  subject  at  all  times  to  amendment 
by  the  Board  of  Aldermen.  The  annual  license  fee  for  each  massage  in- 
stitute .shall  be  $10,  and  for  each  massage  operator  $3.  All  licenses  shall 
be  issued  as  of  December  1st  of  each  year,  and  shall  expire  on  November 
30th  next  succeeding  the  date  of  issue  thereof. 

§  177.  Violations  and  penalties. — The  Commissioner  of  Licenses,  after 
a  hearing,  shall  have  power  to  suspend  or  revoke  at  any  time  any  license 
granted  in  accordance  with  this  article.  He  shall  revoke  the  license  of 
any  massage  institute,  the  proprietor  of  which  employs  as  an  operator 
a  person  not  licensed  in  accordance  with  the  provisions  of  this  article, 
or  permits  the  premises  to  be  used  in  violation  of  any  of  the  provisions 
of  section  1146  of  the  Penal  Law,  entitled  "keeping  disorderly  houses" 
of  section  150  of  the  Tenement  House  Law,  entitled  "vagrancy,"  or 
of  subdivision  four  of  section  887  of  the  Code  of  Criminal  Procedure, 
entitled  "who  are  vagrants,"  and  also  the  license  of  any  operator  who 
personally  violates  any  one  of  those  sections.  For  the  purpose  of  this 
ordinance  it  shall  be  deemed  to  be  a  violation  of  these  sections  for  any 
operator  to  treat  a  person  of  the  opposite  sex,  except  upon  the  signed 
onler  of  a  licensed  physician,  osteo,  which  order  shall  be  dated  and  shall 
*perifir-ally  state  the  number  of  treatments,  not  to  exceed  ten,  to  be 
given,  except  as  such  treatments  are  given  in  the  residence  of  the  patient, 
the  office  of  a  physician,  or  in  a  hospital  or  sanitarium.  The  date  and 
hour  of  each  treatment  given  and  the  name  of  the  operator  shall  be 


370  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

entered  on  such  order  and  the  same  shall  be  subject  to  inspection  by  the 
police. 

Every  massage  operator  and  institute  to  whom  or  for  which  a  license 
shall  have  been  issued,  pursuant  to  the  provision  of  this  section,  shall 
display  a  sign  upon  which  the  words  "Licensed  Masseur,"  "Licensed 
Masseuse,"  or  "Licensed  Massage  Institute,"  in  accordance  with  the 
license  as  issued,  shall  be  conspicuously  and  legibly  set  forth  in  English 
in  such  manner  that  the  said  words  may  be  readily  seen  by  persons 
entering  the  said  premises  where  massage  is  given.  (New.  Ord.  ap- 
proved Nov.  17,  1916.) 

ARTICLE  16 

LESSEES  OP  TENEMENTS 

Section  178.  Definition. 

179.  Qualifications. 

180.  Violations  and  penalties. 

Sec.  178.  Definition. 

A  person,  corporation  or  partnership,  who  or  which  leases  a  tene- 
ment in  the  city  of  New  York,  having  three  or  more  dwelling  apart- 
ments, and  subleases  any  portion  or  part  of  the  said  tenement  to  three 
or  more  persons,  shall  be  deemed  to  be  a  lessee  of  tenements,  intended 
within  the  terms  of  this  ordinance. 
§  179.  Qualifications. 

The  commissioner  of  licenses,  with  the  approval  of  the  tenement 
house  commissioner  of  the  city  of  New  York,  shall  license,  in  his  dis- 
cretion, such  lessees  of  tenements  as  shall  have  complied  with  the  rules 
and  regulations  laid  down  by  the  board  of  aldermen,  and  further,  any 
such  rules  and  regulations  to  be  subject  at  all  times  to  amendment  by 
the  board  of  aldermen.  The  annual  license  fee  for  such  tenement  lessees 
shall  be  $25  and  $10  additional  for  each  additional  tenement  the  said 
lessee  may  lease. 

Each  tenement  lessee  in  the  city  of  New  York  shall  on  or  before  Jan- 
uary 1st  of  each  year  procure  a  license  in  accordance  with  the  provisions 
heretofore  stated. 
§  180.   Violations^  and  penalties. 

The  commissioner  of  licenses,  after  hearing,  shall  have  power  to 
suspend  or  revoke  at  any  time  any  license  granted  in  accordance  with 
this  article.  Any  person,  firm  or  corporation  whose  license  has  been 
revoked  shall  be  ineligible  to  procure  a  new  license  for  at  least  three  years 
from  the  date  of  the  revocation  of  said  license  by  the  commissioner. 

Adopted  December  16.    Became  effective  December  30,  1919. 


ARTICLE  17 

BATHING  ESTABLISHMENTS  AND  BATHHOUSE  KEEPERS 

Sec.  190.  Definitions. 

191.  Licenses;  term;  fee;  bond. 

192.  Schedule  of  charges;  filing  and  posting. 

193.  Inspection. 

1 94 .  Suspension ;  revocation. 

195.  Violations;  penalty. 

Sec.  190.  Definitions.      Every  establishment  maintained  in   the  City 
wherein  bathing  is  permitted  for  hire  or  wherein  bathing  suits  are  hired 


LICENSES  371 

out,  or  which,  for  hire,  is  used  for  the  purpose  of  dressing  or  undressing 
in  connection  with  the  wearing,  putting  on  or  taking  off  of  bathing  suits, 
shall  be  deemed  to  be  a  bathing  establishment,  and  any  person  who  shall 
have  a  bathing  house  upon  or  near  any  beach  or  shore  of  the  ocean,  bays, 
or  rivers  within  the  jurisdiction  of  the  city,  shall  be  deemed  to  be  a  bath- 
house keeper,  provided  that  said  bathing  establishment  is  maintained 
for  the  accommodation  of  guests  or  other  persons  for  pay. 

§  191.  License;  term;  fee;  bond.  The  annual  license  fee  for  each  bathing 
establishment  shall  be  $25,  and  every  bathhouse  keeper  shall  give  a  bond 
to  the  city  with  sufficient  surety  to  be  approved  by  the  commissioner,  in 
the  penal  sum  of  $500,  conditioned  for  the  due  observance  of  the  provi- 
sions of  law,  or  ordinances  relating  to  bathing  establishments  and  bath- 
house keepers. 

All  licenses  for  bathing  establishments  shall  be  issued  as  of  May  15th 
and  shall  expire  on  the  14th  day  of  May  next  succeeding  the  date  of 
issuance  thereof. 

§  192.  Schedule  of  charges;  filing  and  posting.  Each  applicant  for  a 
license  to  conduct,  maintain  or  operate  a  bathing  establishment  shall 
file  with  his  application  for  license  a  schedule  of  prices  to  be  charged 
for  the  hiring  of  suits,  rooms,  lockers,  or  other  accommodations  in  such 
establishment,  arid  upon  the  approval  of  such  schedule  by  the  commis- 
sioner, the  same  shall  be  posted  in  conspicuous  places  in  the  establish- 
ment, in  full  view  of  the  public  at  all  times.  No  charge  shall  be  made  for 
any  service  or  accommodation  in  any  such  establishment  in  excess  of  the 
rates  specified  in  any  such  schedule  under  penalty  of  forfeiture  of  the 
license. 

§  193.  Inspection.  The  provisions  of  a  license  granted  under  this 
article  shall  not  be  construed  to  interfere  with  any  jurisdiction  of  the 
department  of  health  as  set  forth  in  §§  340  and  341  of  the  Sanitary 
Code,  but  permits  granted  under  said  sections  shall  be  necessary  to  and 
part  of  the  moving  application  for  a  license  under  the  provisions  of  this 
article. 

§  194.  Suspension;  revocation.  The  commissioner  shall  license  in 
his  discretion  such  bathing  establishments  as  shall  have  complied  with 
the  rules  and  regulations  herein  provided  and  shall  have  power  to  sus- 
pend or  revoke  at  any  time  any  license  granted  in  accordance  with 
this  article. 

§  195.  Violations;  penalty.  Any  person  who  shall  violate,  neglect, 
or  refuse  to  comply  with  any  of  the  provisions  of  this  article,  shall, 
upon  conviction  thereof,  be  punished  by  a  fine  of  not  more  than  $200, 
or  by  imprisonment  not  exceeding  sixty  days,  or  both  such  fine  and 
imprisonment. 

Adopted  July  13,  1920.    Approved  July  22,  1920. 

ARTICLE  18 

SOLICITING  CONTRIBUTIONS  IN  PUBLIC 

(See  page  579.) 


372  CODE  OP  ORDINANCES  Of  THE  CITY  OP  NEW  YORK 


CHAPTER  16 

Markets 

Article  1.  General  provisions. 

2.  Location  and  designation  of  public  markets. 

3.  Farmers  and  market  gardeners. 

4.  Manufacture  and  sale  of  ice. 

ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  1.  Control  of  markets  and  market-places. 
§  2.  Transfers  of  permits  or  licenses. 
§  3.  Adjustment  of  controversies. 
§  4.  Water-front    property    adjoining    market-lands;    highways 

through  or  bounding  market-places. 
§  5.  Market  hours. 
§  6.  Regulation  of  toilet  facilities. 

§  1.  Control  of  markets  and  market  places. — All  public  markets, 
market  places,  market  lands,  existing  and  maintained  as  such,  shall 
be  in  the  charge  and  under  the  control  of  the  department  of  public 
markets.  The  commissioner  of  public  markets,  or  such  officer  or 
employee  in  the  department  as  he  may  designate,  shall  have  im- 
mediate charge  of  all  grounds  and  buildings  for  market  purposes; 
have  charge  of  all  vehicles,  including  pushcarts,  from  which  market 
produce  is  sold;  all  auctions  conducted  in  market  places,  and  all 
auctioneers  doing  business  therein.  Rules  for  the  conduct  of  busi- 
ness of  the  department,  repair,  care  and  use  of  markets,  fees  or  stands 
and  space  in  markets,  permits  and  leases  for  business  in  the  markets, 
shall  be  made  by  the  commissioner. 

The  commissioner  shall  have  power  and  it  shall  be  his  duty  to 
appoint  supervisors  and  such  other  employees  as  may  be  necessary 
to  regulate  the  sale  of  food  stuffs  and  other  merchandise  in  all 
public  street  markets  and  to  maintain  and  keep  such  markets  in  a 
clean  and  sanitary  condition. 

All  fees  for  permits  in  connection  with  market  privileges  shall  be 
paid  to  the  department  of  public  markets  and  all  such  fees  shall  be 
paid  into  the  sinking  fund  for  the  redemption  of  the  city  debt. 
(Charter  §§  163  and  164;  C.  O.  §  78,  as  amended  May  7,  1921.) 

This  bureau  is  under  the  control  of  the  Finance  Department,  sec.  151,  Greater 
New  York  Charter.  The  City  Ordinances  of  1859  placed  the  Bureau  of  Markets 
in  the  City  Inspector's  Department.  That  a  municipal  corporation  has  power  to 
establish  public  markets  is  well  settled.  St.  Johns  v.  Mayor,  etc.,  of  N.  Y.,  0  Duer, 
315;  People  v.  Lowber,  7  Abb.  Pr.  158,  28  Barb.  65;  Ketchum  v.  City  of  Buffalo, 
14  N.  Y.  356,  aff'd  21  Barb.  294.  And  municipal  corporations  have  power  to  regu 
late  established  markets.  Mayor,  etc.,  of  N.  Y.  v.  Schultz,  31  How.  Pr.  385;  Barry 
v.  Kennedy,  11  Abb.  Pr.,  N.  S.,  421.  As  to  power  of  Comptroller,  see  Lowenstein 
v.  Myers,  49  N.  Y.  St.  Rep.  807,  and  People  ex  rel.  Westervelt  v.  Meyer,  5  N.  Y. 


MARKETS  373 

Supp.  69.  An  ordinance  requiring  butchers  to  hare  licenses  sustained.  City  of 
Buffalo  v.  Hill,  79  App.  Div.  402.  The  city  cannot,  however,  grant  permits  to 
erect  market  stands  in  the  public  streets.  Ely  v.  Campbell,  59  How.  Pr.  333. 

§  2.  Transfers  of  permits  or  licenses. — No  transfer  or  assignment 
of  any  permit  or  license  to  do  business  shall  be  made  without  the 
written  approval  of  the  Commissioner.  (New.) 

As  to  rights  of  assignee  see  People  ex  rel.  Danzinger  v.  Metz,  123  App.  Div.  269. 

§  3.  Adjustment  of  controversies. — The  Commissioner  may  adjust 
and  settle  any  claims  in  controversies  in  regard  to  rents  and  other 
matters  that  appertain  to  leases  or  market  lands.  (New.) 

Adopted  May  20,  1919.    Approved  May  26,  1919. 

§  4.  Water-front  property  adjoining  market-lands;  highways  through 
or  bounding  market-places. — Nothing  herein  contained  shall  inter- 
fere with  the  jurisdiction  of  the  department  of  docks  and  ferries 
over  the  water-front  property  in  and  around  any  market  lands,  nor 
with  the  jurisdiction  of  the  president  of  any  borough  over  market 
lands,  in  so  far  as  concerns  his  powers  over  highways.  (Charter,  §  164.) 

§5.  Market  hours. — Every  vehicle  in  which  articles  shall  be 
brought  to  market,  or  which  shall  come  within  the  limits  of  any 
market,  shall  be  removed  therefrom  at  or  before  12  o'clock  noon 
of  each  day,  except  Saturday.  On  Saturdays,  any  market  may  re- 
main open  and  market  licensees  may  conduct  business  therein  until 
12  o'clock,  midnight.  (C.  p.,  §  83a  revised.) 

§  6.  Regulation  of  toilet  facilities. — No  water-closet  or  urinal  shall 
be  erected  or  maintained  in  any  public  market,  over  or  above  any 
stall,  stand  or  place  where  meats,  fish,  butter,  eggs,  fowl,  game,  veg- 
etables, fruits,  or  other  articles  of  food  supply  are  kept  or  offered 
for  sale,  and  all  such  water-closets  and  urinals  shall,  so  far  as  prac- 
ticable, be  built  and  maintained  below  the  ground  floor  of  such 
market.  (Ord.  April  4,  1911.) 


ARTICLE  2 

LOCATION  AND  DESIGNATION  OP  PUBLIC  MARKETS 

Sec.  20.  Street  markets. 

§  21.  Delancey  street  market. 

§  22.  Eighth  ward  market,  Brooklyn. 

§  23.  Essex  market. 

24.  Gansevoort  market. 

25.  Jefferson  market. 

26.  59th  street  market. 

27.  Third  avenue  market. 

28.  Atlantic  avenue  market,  Brooklyn. 

29.  Union  Square  market. 
§  30.  Wallabout  market. 

§  31.  Washington  market. 
§32.  West  Washington  market. 
§  33.  Jamaica  market. 

Sec.  20.  Street  markets. — The  following  designated  territories  and 
streets,  or  sections  thereof,  extending  only  from  house  line  to  house 


374  CODE   OF   ORDINANCES   OF  THE   CITY   OF   NEW   YORK 

line  on  each  block  and  for  a  distance  not  more  than  10  feet  from  the 
curb  lines  to  the  centre  of  the  roadway,  unless  otherwise  specified, 
are  hereby  set  aside  and  apart  for  public  market  purposes  for  the  sale 
of  fruits,  vegetables,  produce  or  other  commodity,  as  designated  in 
the  permits  issued  therefor  by  the  commissioner: 

In  the  Borough  of  Manhattan. — Catherine  market. — The  territory 
bounded  on  the  north  by  Cherry  street,  on  the  east  by  Market 
slip,  on  the  south  by  South  street,  and  on  the  west  by  Catherine  slip; 

Peck  slip  market. — The  territory  lying  between  South  and  Water 
streets,  both  sides  thereof,  for  a  distance  of  not  more  than  15  feet 
from  the  curb  lines  to  the  centre  of  the  roadway; 

9th  avenue  market. — On  9th  avenue,  beginning  at  38th  street  and 
extending  to  42d  street;  and  extending  a  distance  50  feet  east  and 
west  from  9th  avenue  on  38th,  39th,  40th  and  41st  streets; 

Lower  Monroe  street  market. — On  Monroe  street,  beginning  at 
Catherine  street  and  extending  to  Market  street;  on  Market  street, 
beginning  at  Monroe  street  and  extending  to  Cherry  street;  on 
Catherine  street,  beginning  at  Monroe  street  and  extending  to  Cherry 
street;  on  Oak  street,  beginning  at  Catherine  street  and  extending  to 
Oliver  street; 

Lenox  avenue  market. — On  Lenox  avenue,  beginning  at  139th 
street  and  extending 'to  141st  street; 

Park  avenue  market. — The  entire  space  on  Park  avenue  under- 
neath the  structure  of  the  New  York  Central  or  the  New  York,  New 
Haven  and  Hartford  Railroad  Company,  commencing  from  the 
corner  of  lllth  street  and  Park  avenue,  running  thence  along  said 
Park  avenue  to  116th  street  and  covering  the  territory  from  the 
east  side  of  Park  avenue  to  the  west  side  thereof; 

Park  avenue  market  (south). — On  Park  avenue,  beginning  at  99th 
street  and  extending  to  106th  street;  and  extending  on  102d  and 
103d  streets  from  Park  avenue  to  Madison  avenue; 

Canal  street  market. — On  Canal  street,  beginning  at  Rutgers  square 
and  extending  to  Chrystie  street; 

Hester  street  market. — On  Hester  street,  beginning  at  Clinton 
street  and  extending  to  Forsyth  street,  and  extending  on  Suffolk 
street  from  Hester  street  to  Grand  street; 

Grand  street  market. — On  Grand  street,  beginning  at  Clinton 
street  and  extending  to  Allen  street; 

Orchard  street  market. — On  Orchard  street,  beginning  at  Hester 
street  and  extending  to  East  Houston  street; 

Rivington  street  market. — On  Rivington  street,  beginning  at  Goerck 
street  and  extending  to  Eldridge  street;  and  extending  on  Columbia, 
Willet  and  Ridge  streets  from  Delancey  street  to  Stanton  street; 

Lower  1st  avenue  market. — On  1st  avenue,  beginning  at  East 
Houston  street  and  extending  to  14th  street  and  including  the  terri- 
tory on  llth  and  12th  streets  between  1st  and  2d  avenues; 

East  Houston  street  market. — On  East  Houston  street,  beginning 
at  Essex  street  and  extending  to  Chrystie  street;  and  extending  on 
Allen  street  from  Rivington  street  to  Stanton  street; 

Stanton  street  market  (east). — On  Stanton  street,  beginning  at 
Eldridge  street  and  extending  to  Essex  street; 

Stanton  street  market    (west). — On  Stanton  street,   beginning 
Forsyth  street  and  extending  to  the  Bowery; 


- 


MARKETS  375 

Suffolk  street  market. — On  Suffolk  street,  beginning  at  Rivington 
street  and  extending  to  Stanton  street; 

Elizabeth  street  market. — On  Elizabeth  street,  beginning  at  Spring 
street  and  extending  to  Bleecker  street;  and  extending  on  Prince 
street,  from  Mott  street  to  the  Bowery; 

Mulberry  street  market. — On  Mulberry  street,  beginning  at  Park 
street  and  extending  to  Hester  street;  and  on  Hester  street,  between 
Mulberry  and  Mott  streets; 

101st  street  market. — On  101st  street,  beginning  at  First  avenue 
and  extending  to  Second  avenue; 

Pitt  street  market. — On  Pitt  street,  beginning  at  Broome  street 
and  extending  to  Stanton  street; 

Amsterdam  avenue  market. — On  Amsterdam  avenue,  beginning 
at  62d  street  and  extending  to  65th  street; 

Upper  Monroe  street  market. — On  Monroe  street,  beginning  at 
Pike  street  and  extending  to  Clinton  street;  on  Rutgers  street,  be- 
ginning at  Cherry  street  and  extending  to  Madison  street;  on  Jeffer- 
son street,  beginning  at  Monroe  street  and  extending  to  Madison 
street;  on  Clinton  street,  beginning  at  Monroe  street  and  extending 
to  Madison  street 

Scammel  street  market. — On  Scammel  street,  beginning  at  Cherry 
street  and  extending  to  Madison  street ;  on  Monroe  street,  beginning 
at  Jefferson  street  and  extending  to  Gouverneur  street; 

Avenue  C  market. — On  Avenue  C,  beginning  at  3d  street  and  ex- 
tending to  10th  street,  thence  west  on  10th  street  to  Avenue  B; 

Upper  First  avenue  market. — On  First  avenue,  beginning  at  106th 
street  and  extending  to  116th  street;  on  106th,  107th,  108th,  109th, 
110th,  lllth,  113th,  115th  and  116th  streets,  a  distance  35  feet 
west  of  First  avenue;  on  112th  street,  a  distance  200  feet  west  of 
First  avenue,  and  on  14th  street,  from  First  avenue  to  Second  avenue; 

Second  avenue  market.— On  Second  avenue,  beginning  at  99th 
street  and  extending  to  105th  street; 

8th  avenue  market. — On  8th  avenue,  beginning  at  139th  street  and 
extending  to  145th  street;  and  extending  a  distance  50  feet  east 
from  8th  avenue  on  140th,  141st,  142d,  143d  and  144th  streets; 

Upper  2d  avenue  market. — On  2d  avenue,  beginning  at  118th 
street  and  extending  to  122d  street  and  including  territory  on  121st 
street  between  2d  and  3d  avenues; 

Second  avenue  central  market. — On  Second  avenue,  beginning  at 
70th  street  and  extending  to  77th  street; 

29th  street  market. — On  29th  street,  beginning  at  2d  avenue  and 
extending  to  3d  avenue; 

Thompson  street  market. — On  Thompson  street,  beginning  at 
Spring  street  and  extending  to  Bleecker  street; 

Mott  street  market. — On  Mott  street,  beginning  at  Hester  street 
and  extending  to  Broome  street; 

5th  avenue  market. — On  5th  avenue,  beginning  at  133d  street  and 
extending  to  136th  street; 

In  the  Borough  of  The  Bronx — Arthur  avenue  market. — On  Arthur 
avenue,  beginning  at  Crescent  avenue  and  extending  to  188th  street; 

East  137th  street  market. — On  East  137th  street,  beginning  at 
St.  Ann's  avenue  and  extending  to  Brook  avenue; 

In  the  Borough  of  Brooklyn — Columbia  street  market. — On  Columbia 


376  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

street,  beginning  at  Hamilton  avenue  and  extending  to  Harrison 
street; 

Blake  avenue  market. — On  Blake  avenue,  beginning  at  Pennsyl- 
vania avenue  and  extending  to  Snediker  avenue; 

Prospect  place  market. — On  Prospect  place,  beginning  at  Saratoga 
avenue  and  extending  to  a  point  200  feet  distant  in  a  southerly 
direction  to  the  intersection  of  Howard  avenue  with  Prospect  place; 

Belmont  avenue  market. — On  Belmont  avenue,  beginning  at  Junior 
street  and  extending  to  Rockaway  avenue  and  including  300  feet 
north  and  south  on  Thadford  avenue,  Osborn  street,  Watkins  street, 
Stone  avenue,  Christopher  avenue,  Sackman  street  and  Powell  street; 

Dumont  avenue  market.— -On  Dumont  avenue,  beginning  at  Osborn 
street  and  extending  to  Sackman  street; 

Delmonico  place  market. — On  Delmonico  place,  beginning  at  Flushing 
avenue  and  extending  to  Park  avenue;  and  extending  on  Ellery  street 
and  Park  avenue,  from  Delmonico  place  to  Tompkins  avenue ; 

5th  avenue  market. — On  5th  avenue,  beginning  at  16th  street  and  ex- 
tending to  22d  street;  and  extending  a  distance  100  feet  west  from  5th 
avenue  on  Prospect  avenue,  16th,  17th,  18th,  19th,  20th,  21st  and  22d 
streets; 

Cleveland  and  Blake  avenues  market. — On  Blake  avenue,  beginning  at 
Warwick  avenue  and  extending  to  Elton  street; 

18th  avenue  market. — On  13th  avenue,  beginning  at  39th  street  and 
extending  to  41st  street; 

Myrtle  avenue  market. — On  Myrtle  avenue,  beginning  at  Gold  street 
and  extending  to  Raymond  street. 

Hudson  street  market. — On  the  West  side  of  Hudson  street,  beginning 
at  Canal  street  and  extending  to  Spring  street,  on  Saturdays  only  until 
midnight,  on  stands,  pedlars  with  push  carts  and  pedlars  with  horse  and 
wagon. 

Adopted  November  15,  1921;  Approved  November  21,  1921. 

§  21.  Delancey  street  market. — The  space  under  the  Williamsburg 
Bridge  between  Ridge  and  Columbia  streets,  in  the  Borough  of 
Manhattan,  shall  be  set  aside  and  apart  for  a  public  market,  and 
shall  be  known  as  the  Delancey  Street  market.  (As  amended  by 
ord.  approved  July  20,  1916.) 

§  22.  Eighth  ward  market,  Brooklyn. — So  much  of  the  lands  in  the 
borough  of  Brooklyn  as  are  bounded  and  described  as  follows,  to  wit: 

Beginning  at  point  on  the  westerly  line  or  side  of  Second  avenue, 
where  the  same  intersects  the  northerly  side  of  39th  street,  running 
thence  westerly  along  the  northerly  side  of  39th  street,  1,323  feet, 
thence  in  a  northwesterly  direction  45  feet;  thence  northerly  parallel 
to  Second  avenue  about  123  feet;  thence  westerly  parallel  with  the 
northerly  side  of  39th  street  to  the  pierhead  line  established  by  the 
Secretary  of  War,  March  4,  1890;  thence  in  a  northeasterly  direction 
along  the  said  pierhead  line  to  a  point  115  feet  north  of  the  northerly 
side  of  36th  street  if  the  same  were  extended;  thence  easterly  and 
parallel  with  the  said  northerly  side  of  36th  street  to  the  westerly  side 
of  Second  avenue  and  thence  southerly  along  the  said  westerly  line 
of  Second  avenue  to  the  northerly  side  of  39th  street  the  point  or 
place  of  beginning. 

§  23.  Essex  market. — So  much  of  the  lands  in  the  borough  of 
Manhattan  as  are  bounded  and  described  as  follows,  to  wit:  The 
premises  located  on  the  northwest  corner  of  the  blind  alley  or  lane, 
and  Essex  street,  situated  between  Grand  and  Broome  streets,  here- 


MARKETS  377 

tofore  known  and  used  as  the  "Essex  Market  Court  House,"  the 
premises  located  and  bounded  by  Grand  street,  Ludlqw  street,  the 
blind  alley  and  Essex  street,  now  occupied  as  a  public  school  and 
formerly  known  as  the  Old  Essex  Market,  and  also  the  said  blind 
alley  or  lane  situated  between  Grand  and  Broome  streets,  and  run- 
ning from  Ludlow  to  Essex  street,  in  said  borough,  shall  be  set  aside 
and  apart  for  a  public  market,  and  shall  be  known  as  Essex  Market. 
(Ord.  effective  May  20,  1913.) 

§  24.  Gansevoort  market. — The  lands  bounded  on  the  north  by 
Little  West  12th  street,  on  the  south  by  Gansevoort  street,  on  the 
east  by  Washington  street,  and  on  the  west  by  West  street  and 
10th  avenue,  are  hereby  declared  to  be  a  public  market  place,  and, 
subject  to  the  provisions  of  §  205  of  the  charter,  shall  be  kept  for  the 
exclusive  use  of  farmers  and  market  gardeners.  (Charter,  §  163.) 

§  25.  Jefferson  market. — So  much  of  the  lands  in  the  block  bounded 
by  Sixth  avenue,  Greenwich  avenue  and  West  10th  street,  in  the 
borough  of  Manhattan,  as  are  now  used  for  market  purposes  shall  be 
set  aside  and  apart  for  a  public  market,  and  shall  be  known  as 
Jefferson  market.  (New.) 

§  26.  59th  street  bridge  market. — So  much  of  lands  in  the  Borough 
of  Manhattan  as  are  bounded  and  described  as  follows,  to  wit: 
Bounded  on  the  east  by  the  westerly  side  of  First  avenue;  bounded 
on  the  south  by  the  northerly  line  or  curb  of  East  59th  street  to  a 
point  at  right  angles  to  the  easterly  margin  of  a  driveway,  which 
driveway  extends  under  the  Queensbpro  bridge  from  59th  street  to 
60th  street,  parallel  to  and  west  of  First  avenue  and  parallel  to  and 
east  of  Second  avenue;  thence  running  northerly  on  a  line  parallel 
to  First  avenue,  to  the  southerly  line  or  curb  of  East  60th  street; 
thence  easterly  along  the  line  or  curb  of  East  60th  street  to  the  west- 
erly line  or  curb  of  First  avenue,  the  same  being  the  point  or  place  of 
beginning,  are  hereby  declared  to  be  a  public  market,  to  be  known  as 
the  "  59th  street  bridge  market,"  and  shall  be  set  aside  for  such 
purposes  during  the  pleasure  of  the  board  of  aldermen,  subject  to  such 
rules  and  regulations  concerning  fees,  the  hours  of  doing  business>.and 
the  general  management  of  said  market  as  may  be  made  by  the 
commissioner  of  public  markets  of  the  City  of  New  York.  (Added 
by  ord.  appd.  Feb.  3,  1919.) 

§  27.  Third  avenue  market. — All  space  beneath  and  under  the  Third 
avenue  bridge  at  129th  street  and  Third  avenue,  bounded  by  the 
interior  walls  under  said  bridge  on  the  east  and  west  from  the  bulk- 
head line  at  the  north,  Third  avenue  and  East  130th  street  on  the 
south  to  the  curb  lines  thereof,  is  hereby  declared  to  be  a  public 
market  and  shall  beset  aside  for  such  purposes  during  the  pleasure  of 
the  board  of  aldermen  subject  to  such  rules  and  regulations  concern- 
ing fees,  the  hours  of  doing  business  and  the  general  management  of 
said  market  as  may  be  made  by  the  commissioner.  (Ord.  effective 
Jan.  4,  1915.) 

§  28.  Atlantic  avenue  market,  Brooklyn. — So  much  of  lands  in  the 
Twenty-sixth  ward,  borough  of  Brooklyn,  as  are  bounded  and 
described  as  follows,  to  wit:  Bounded  on  the  east  by  Miller  avenue, 
thence  running  westerly  along  Atlantic  avenue  and  under  a  present 
elevated  structure  of  the  Long  Island  Railroad  to  Pennsylvania 
avenue,  being  at  present  an  unpaved  section  of  the  street  between 


378  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

\ 

the  north  and  south  paved  driveways  and  approximately  forty  feet 
wide,  are  hereby  declared  to  be  a  public  market,  to  be  known  as  the 
"Atlantic  avenue  public  market,"  and  shall  be  set  aside  for  such 
purposes  during  the  pleasure  of  the  board  of  aldermen,  subject  to 
such  rules  and  regulations  concerning  fees,  the  hours  of  doing  busi- 
ness and  the  general  management  of  said  market  as  may  be  made  by 
the  commissioner  of  public  markets  of  the  city  of  New  York.  (Added 
by  ord.  appd.  July  17,  1919.) 

§  29.  Union  square  market. — So  much  of  the  lands  in  the  borough 
of  Manhattan  as  are  bounded  and  described  as  follows,  to  wit: 
Beginning  at  a  point  on  the  northeast  line  of  Union  square;  running 
thence  northerly  and  parallel  with  Fourth  avenue,  about  98  feet  to 
the  southerly  house  line  of  17th  street;  thence  westerly  along  the 
southerly  house  line  to  17th  street  about  218  feet  to  Broadway; 
thence  southerly  and  parallel  with  Fourth  avenue  about  98  feet  to 
the  northerly  line  or  Union  square;  and  thence  easterly  along  the 
northerly  line  of  Union  square  about  218  feet  to  the  place  of  begin- 
ning, in  said  borough,  shall  be  set  aside  and  apart  for  a  public  market 
for  the  sale  of  plants  and  flowers,  and  shall  be  known  as  the  Union 
square  market.  (Ord.  effective  June  17,  1913.) 

§  30.  Wallabout  market. — 1.  So  much  of  the  lands  lying  between 
the  following  boundaries  in  the  borough  of  Brooklyn:  On  the  north, 
Flushing  avenue;  on  the  south,  Wallabout  Creek;  on  the  west, 
East  avenue;  on  the  east,  Clinton  avenue,  with  the  exception  of  the 
portion  of  land  already  set  aside  by  ordinance  for  the  use  of  the  de- 
partment of  docks,  and  lands  leased  or  controlled  by  the  Pennsyl- 
vania Railroad  company. 

2.  Farmers'  square.     The  portion  of  Wallabout  market  in  the 
borough  of  Brooklyn,  commonly  known  as  "Farmers'  square,"  shall 
be  kept  for  the  exclusive  use  of  farmers  and  market  gardeners. 
(Charter,   §164.) 

3.  Leases.    The  commissioner  shall  have  the  sole  power  to  lease 
any  portion  of  the  Wallabout  market  lands  and  renew  existing  leases, 
on  such  terms  and  such  rentals  as  may  be  agreed  upon  between  him 
and  the  lessees  or  holders,  subject  to  the  following  provisions  as  to 
the  rate  of  rent:  In  case  the  amount  of  rent  for  any  renewal  term  of 
any  lease  be  not  agreed  upon,  as  aforesaid,  by  the  1st  day  of  January 
preceding  the  expiration  of  the  previous  term,  the  same  shall,  if 
either  the  commissioner  or  the  lessee  or  holder  shall  so  elect,  be  fixed 
as  now  provided  by  law,  except  that  the  rent  may,  in  the  discretion  of 
the  commissioner  be  reduced.     The  rents  for  such  renewal  terms, 
whether  agreed  upon  as  above  provided,  or  fixed  as  now  provided  by 
law,  shall  not  be  less  than  an  amount  equal  to  2-3  of  the  rent  of  the 
preceding  term,  nor  exceed  an  amount  equal  to  the  rent  of  the  pre- 
ceding term  and  1-3  thereof  in  addition  thereto.    The  commissioner 
may  at  any  time  with  the  consent  of  the  lessee  or  holder,  vary  or 
modify  any  of  the  provisions  of  any  lease  of  such  lands. 

§  31.  Washington  market. — The  lands  contained  in  the  block 
bounded  by  Washington  street,  Fulton  street.  West  street  and  Vesey 
street,  in  the  borough  of  Manhattan,  shall  be  set  aside  and  apart 
for  a  public  market,  and  shall  be  known  as  Washington  market. 
(New.) 

§  32.  West   Washington  market. — The  lands  in  the  borough  of 


MARKETS  379 

Manhattan  bounded  on  the  north  by  Bloomfield  street  and  the 
north  side  of  West  14th  street,  on  the  south  by  the  south  side  of 
Gansevoort  street,  on  the  west  by  13th  avenue,  10th  avenue,  and 
marginal  street,  from  West  13th  street  to  West  14th  street,  and  on  the 
east  by  9th  avenue,  are  hereby  dedicated  to  market  purposes,  and 
shall  be  used  and  occupied  as  such,  in  the  manner  that  may  be  desig- 
nated and  prescribed  by  the  commissioners  of  the  sinking  fund, 
who  shall  have  full  power  and  authority  in  respect  thereto.  The 
commissioners  may,  in  their  discretion,  lease  any  of  said  lands  for 
such  term  of  years,  with  such  covenant  and  for  such  annual  rentals, 
as  in  their  judgment,  shall  be  for  the  best  interests  of  the  city,  or 
continue  the  use  of  the  same  as  a  public  market.  (Amended  by 
ord.  appd.  Oct.  26,  1917.) 

§  33.  Jamaica  market.— So  much  of  the  lands  in  the  Borough  of 
Queens  bounded  and  described  as  follows,  to  wit:  Beginning  at  a 
point  in  Jamaica,  Borough  of  Queens,  known  as  Archer  avenue 
(Twombly  place)  where  said  Archer  avenue  (Twombly  place)  is 
intersected  from  the  north  by  Twombly  place  (Twombly  place); 
running  thence  westerly  on  Archer  avenue  (Twombly  place)  on  the 
northerly  side  of  and  parallel  to  the  Long  Island  Railroad,  approxi- 
mately 900  feet  to  a  point  where  Archer  avenue  (Twombly  place) 
is  intersected  from  the  north  by  151st  street*  (Division  street)  and 
between  the  house  lines  of  said  Archer  avenue  (Twombly  place)  in 
said  borough  be  set  aside  and  apart  between  the  hours  of  4  a.  m.  and 
10  a.  m.  daily,  for  the  purpose  of  a  wholesale  terminal  curb  market, 
for  sale  of  fruits,  vegetables  and  produce  and  shall  be  known  as 
Jamaica  market.  (Ord.  appd.  Dec.  17,  1919.) 

Adopted,  June  14,  1921. 
Approved  June  22,  1921. 

ARTICLE  3 

FARMERS  AND  MARKET-GARDENERS 

Sec.  50.  License  required. 
§  51.  Market  wagons. 
§  52.  Removal  of  obstructions. 

Sec.  50.  License  required. — Any  farmer  or  market  gardener,  desir- 
ing to  use  any  public  market,  may  present  to  the  collector  of  city 
revenue  and  superintendent  of  markets  on  affidavit  stating  his 
name,  residence,  occupation  and  a  general  description  of  the  commod- 
ities which  he  desires  to  sell  in  such  market,  together  with  a  request 
that  a  license  be  issued  to  him  for  market  privileges.  On  the  filing  of 
such  affidavit,  and  the  payment  of  a  nominal  fee  sufficient  to  defray 
the  cost  of  issuing  the  license,  the  collector  of  city  revenue  and 
superintendent  of  markets,  if  satisfied  that  the  applicant  is  a  rep- 
utable person,  shall  issue  to  him  a  license  to  use  such  market  for  a 
period  not  to  exceed  one  year.  All  licenses  issued  under  this  section 
shall  be  numbered  and  registered,  in  the  office  of  the  collector  of  city 
revenue  and  superintendent  of  markets,  and  there  shall  be  issued  to 
each  licensee  a  market  tag  or  plate,  in  such  form  and  design  as  shall 
be  prescribed  by  the  comptroller,  upon  which  the  number  of  the 


380  CODE  OP  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 

license  shall  conspicuously  appear.  No  unlicensed  farmer  or  market 
gardener  shall  be  permitted  to  use  any  public  market,  arid,  while  an} 
licensed  farmer  or  market  gardener  shall  be  exercising  market  privi- 
leges, he  shall  at  all  times  cause  to  be  displayed  conspicuously  the 
tag  or  plate  containing  the  number  of  his  license.  (Charter,  §  163, 
in  part.) 

§  51.  Market  wagons. — The  owner  of  every  cart  or  other  vehicle, 
used  for  the  purpose  of  bringing  meat,  garden  produce  or  other  thing 
to  any  of  the  public  markets  to  be  sold,  shall  cause  his  name  to  be 
painted  in  a  plain  manner  and  on  a  conspicuous  part  of  such  cart  or 
vehicle.  (C.  O.,  §  83e.) 

§  52.  Removal  of  obstructions. — All  vehicles,  boxes,  baskets, 
market  produce  and  other  articles  and  things  brought  into  any  mar- 
ket or  market  place,  or  placed  upon  a  street  or  sidewalk  adjacent  to 
any  market,  shall  be  removed  therefrom  by  the  licensee,  or  other 
person  responsible  for  such  obstruction,  at  the  close  of  market- 
hours,  or  sooner,  if  required  by  the  collector  of  city  revenue  and 
superintendent  of  markets  or  his  authorized  subordinate.  (C.  O., 
§83c.) 


ARTICLE  4 

MANUFACTURE  AND  SALE  OF  ICE 

Sec.  60.  Application  for  license;  domestic  use  defined;  standard  fixed. 
§  61.  License;  fee. 

§  62.  Metal  plates  to  be  attached  to  vehicles;  removal. 
§  63.  To  be  weighed  when  sold;  avoirdupois  weight  or  standard 

measurement  prescribed. 
§  64.  Prohibited  sources  of  supply. 
§  65.  Duty  of  commissioner;  inspections  required. 
§  66.  Ice  for  domestic  use;  restriction  of  sale. 
§  67.  General  penalty. 

Sec.  60.  Application  for  license;  domestic  use  defined,'  standard  fixed. 
— Every  person  or  corporation  desiring  to  engage  in  the  business  of 
manufacturing,  harvesting,  retailing  and  selling  any  ice  in  the  City 
of  New  York,  from  house  to  house,  or  to  hotels,  restaurants,  pur- 
veyors of  ice  cream  and  beverages,  or  other  places  where  such  ice 
so  sold  and  delivered  may  be  used  in  contact  with  articles  of  food 
or  drink  (which  use  is  hereinafter  referred  to  as  "domestic  use"); 
or  where  such  ice  is  to  be  used  solely  for  cooling  purposes,  shall, 
before  engaging  in  such  business,  file  a  written  application  with 
the  commissioner  of  public  markets  for  a  license  therefor,  stating 
in  such  application  the  place  or  places  where  such  ice  is  to  be  or 
has  been  cut,  manufactured,  or  gathered,  the  means  of  delivery, 
the  location  of  the  depots  or  places  in  the  City  from  which  such  ice 
is  to  be  delivered,  and  the  quality  of  the  ice  intended  to  be  sold. 
Such  application  shall  be  verified  by  the  oath  of  the  applicant,  or, 
if  the  applicant  is  a  corporation,  by  the  oath  of  some  officer  thereof. 

All  ice  to  be  sold  or  delivered  within  the  City  for  domestic  use  as 
aforesaid  shall  be  pure  and  healthful  ice,  free  from  matter  deleterious 


MARKETS  381 

to  health;  and  such  ice  is  hereby  defined  to  be  ice  which  upon  chemi- 
cal and  bacteriological  examination  shall  be  found  to  be  free  from 
nitrates  and  pathogenic  bacteria  and  to  contain  not  more  than  nine 
one-thousandths  of  one  part  of  free  ammonia  and  nine  one-thou- 
sandths of  one  part  of  albuminoid  ammonia  in  each  one  hundred 
thousand  parts. 

§  61.  License;  fee. — The  commissioner  shall  examine  such  applica- 
tion, and  if  it  shall  appear  to  him  therefrom  that  the  ice  intended  to 
be  sold  is  such  ice  as  may  under  this  article  be  lawfully  sold  and  de- 
livered in  the  City,  for  domestic  use  as  aforesaid,  the  commissioner 
shall  issue  such  application,  conditioned  that  the  applicant  shall 
comply  with  all  the  ordinances  relating  to  the  cutting,  manufactur- 
ing, storing,  selling  and  delivery  of  ice,  and  with  all  lawful  rules  and 
regulations  of  the  department  of  public  markets  and  the  depart- 
ment of  health,  touching  the  ice  business  and  touching  the  protec- 
tion and  care  of  articles  of  drink  and  food  materials,  and  that  the 
applicant  will  not  sell  or  give  away  any  ice  containing  any  substance 
deleterious  to  health  during  the  period  of  his  li  cease,  except  as  here- 
inafter provided.  Upon  receipt  of  such  application,  if  such  applica- 
tion shall  be  approved  by  the  commissioner,  he  shall  issue  or  cause 
to  be  issued  to  such  applicant  a  license  authorizing  the  applicant  to 
engage  in  the  business  of  retailing  and  selling  ice,  either  for  domestic 
use  solely  or  for  packing  or  cooling  purposes  solely,  or  for  both  pur- 
poses, for  and  during  the  period  of  such  license. 

Such  license  shall  be  issued  for  an  annual  period  beginning  on  the 
first  day  of  May  in  each  year,  and  the  fee  therefor  shall  be  $5  for 
each  period  or  fraction  thereof,  payable  in  advance,  and  from  each 
applicant  operating  more  than  one  vehicle  the  fee  shall  be  at  the 
same  annual  and  proportionate  rate  for  each  vehicle  so  employed. 

§  62.  Metal  plates  to  be  attached  to  vehicles;  removal. — Every  person 
or  corporation  licensed  under  the  provisions  of  this  article  shall 
have  securely  fastened  on  each  side  of  the  outside  of  the  box  of  each 
wagon  or  other  vehicle  used  by  him  or  it,  in  and  about  the  business 
of  vending  or  distributing  ice,  a  metal  plate  not  less  than  ten  inches 
long  and  six  inches  wide,  having  stamped  or  plainly  marked  thereon 
the  words  "New  York  City  Ice  Dealer"  and  a  number  corresponding 
to  the  number  of  the  license  of  the  ice  dealer  owning,  controlling  or 
using  such  wagon  or  vehicle.  Such  plate  shall  also  have  marked 
thereon  the  year  or  period  for  which  such  license  is  issued.  Such 
plate  shall  be  furnished  by  the  commissioner  and  shall  be  of  a  dif- 
ferent color  and  design  for  each  year. 

No  person  or  corporation  licensed  under  the  provisions  of  this 
article  shall  use  or  cause  to  be  used  in  and  about  the  business  of 
vending  or  distributing  ice  in  the  City,  any  wagon  or  other  vehicle 
which  shall  not  have  attached  thereon  metal  plates,  in  accordance 
with  the  provisions  of  this  section,  and  it  shall  be  the  duty  of  such 
person  or  corporation,  at  the  expiration  of  the  license  year  or  period 
for  which  such  metal  plates  were  issued,  to  remove  or  cause  to  be 
removed,  such  plates  from  such  wagon  or  other  vehicle,  or  destroy 
the  same,  and  no  such  metal  plates  shall  be  used  on  any  wagon  or 
other  vehicle  at  any  time  other  than  during  the  period  or  year  for 
which  such  plates  were  issued. 

§63.  To  be  weighed  when  sold;  avoirdupois    weight  or  standard 


382  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

measurement  prescribed. — Every  person  or  corporation  selling  ice 
or  offering  ice  for  sale,  at  the  time  of  delivery  of  any  ice  sold,  shall 
weigh  the  quantity  of  ice  delivered,  and  for  that  purpose  shall  he 
provided  with  a  steel-yard  balance  or  other  apparatus  for  weighing 
such  ice,  which  shall  have  been  duly  adjusted  and  sealed  by  an  in- 
spector of  weights  and  measures,  in  accordance  with  the  provisions 
of  this  ordinance,  or  should  be  sold  standard  cubic  measurement, 
and  all  ice  sold  within  the  City  shall  be  sold  by  avoirdupois  weight 
or  standard  measurement. 

Any  person  or  corporation  selling  or  offering  for  sale  ice  within, 
or  delivering  ice  to  any  person  within  the  City,  who  shall  violate 
any  of  the  provisions  of  this  section,  shall  be  fined  not  less  than  $25 
nor  more  than  $100  for  each  offense,  or  have  his  license  revoked  at 
the  discretion  of  the  commissioner. 

§  64.  Prohibited  sources  of  supply.  No  person  or  corporation  shall 
sell  or  deliver  in  the  City  any  ice  for  domestic  use,  as  aforesaid, 
which  shall  have  been  taken  or  gathered  from  any  stagnant  or  pol- 
luted part  of  the  Hudson  River,  or  any  of  its  branches,  or  from  any 
body  of  water  which  is  stagnant,  or  in  which  refuse,  industrial  waste, 
garbage,  sewage  or  any  other  material  tending  to  destroy  the  purity 
of  the  ice  cut  or  obtained  from  such  water,  and  no  ice  shall  be  sold 
or  delivered  in  the  City  for  domestic  use,  as  aforesaid,  which  shall 
have  been  taken  from  any  lake,  pond,  river,  stream  or  other  body 
of  water,  where  ever  located,  which  is  defiled  by  sewage,  garbage, 
ashes,  decaying  vegetation,  refuse  or  waste  from  any  industry,  or 
by  any  other  substances  tending  to  make  the  ice  cut  or  obtained 
from  such  water  impure  and  unhealthful,  according  to  the  standard 
fixed  by  this  article  for  ice. 

§  65.  Duty  of  commissioner;  inspections  required;  to  make  rules  and 
regulations. — It  shall  be  the  duty  of  the  commissioner  to  examine  or 
cause  to  be  examined,  from  time  to  time,  the  places  where  ice  is 
gathered  or  is  to  be  gathered,  or  has  been  gathered,  for  sale  and  de- 
livery, as  aforesaid,  and  all  places  where  such  ice  may  be  stored  or 
kept,  and  every  vehicle  in  which  the  same  may  be  delivered  on  any 
part  of  its  route  from  the  place  where  it  is  gathered  to  the  consumer, 
and  to  examine  and  cause  to  be  examined,  from  time  to  time,  ice 
so  sold  or  delivered,  or  to  be  sold  or  delivered,  so  far  as  he  may  deem 
necessary  or  expedient,  to  ascertain  whether  such  ice  is  pure  and 
healthful  and  free  from  matter  deletrious  to  health,  according  to 
the  standard  fixed  in  this  article;  and  if,  from  such  examination, 
it  shall  be  found  that  any  person  or  corporation  has  sold  or  dis- 
tributed, or  is  selling  or  delivering,  any  ice  for  domestic  use,  as 
aforesaid,  below  the  said  standard  or  any  ice  contrary  to  the  pro- 
visions of  this  article,  such  person  or  corporation  may  be  fined  not 
less  than  $25  nor  more  than  $100  for  each  offense,  and  at  the  dis- 
cretion of  the  commissioner,  for  repeated  offense  may  have  his 
license  revoked. 

The  commissioner  shall,  from  time  to  time,  make  such  reasonable 
rules  as  to  the  storing  and  delivery  and  inspection  of  ice  to  be  sold 
or  delivered  for  domestic  use,  as  aforesaid,  as  will  prevent  the  dis- 
tributing for  domestic  use,  as  aforesaid,  of  any  impure  ice  or  ice 
containing  deleterious  substances  according  to  said  standard. 

The  commissioner  shall,  from  time  to  time,    when    necessary, 


MARKETS  383 

make  investigation  of  the  manufacturing,  harvesting,  storing  and 
delivery  of  ice  to  be  sold  or  delivered  for  domestic  use,  and  shall  have 
the  power  to  make  such  reasonable  rules,  and  enforce  the  same,  as 
will  prevent  profiteering  in  the  distribution  of  ice  for  domestic 
use. 

§  66.  Ice  for  domestic  use;  restriction  of  sale. — No  ice  designated 
or  intended  to  be  sold,  offered  for  sale  or  delivered  for  domestic  use, 
shall  be  sold,  offered  for  sale  or  delivered  from  any  wagon  or  other 
vehicle  used  in  vending  or  distributing  of  ice  to  be  used  for  packing 
or  cooling  purposes. 

§  67.  General  penalty. — Any  person  or  corporation  violating  any 
of  the  provisions  of  this  article  shall  be  fined,  where  no  other  penalty 
is  herein  expressly  provided  for,  in  a  sum  of  not  less  than  $25  nor 
more  than  $100  for  each  offense.  The  judgment  may  also  direct 
that  a  person  so  fined  be  imprisoned  until  the  fine  be  satisfied,  speci- 
fying the  extent  of  the  imprisonment,  which  cannot  exceed  one  day 
for  everv  one  dollar  of  the  fine.  The  license  of  a  person  or  corpora- 
tion so  fined  may  be  revoked,  at  the  discretion  of  the  commissioner. 
The  provisions  of  this  article  shall  not  be  construed  to  curtail,  limit 
or  affect  any  of  the  powers,  jurisdiction  or  authority  of  the  board  of 
health  in  the  department  of  health  of  the  city  of  New  York. 
Adopted  June  28,  1921;  approved  July  5,  1921. 


384  CODE  OP  ORDINANCES  OF  THE  CITY  OP  NEW  YORK 

CHAPTER  16 
Municipal  Civil  Service 

Article  1.  General  provisions. 
2.  Special  provisions. 

ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  1.  Officers  and  employees  to  be  residents. 
§  2.  Vacations. 
§  3.  Hours  of  service  during  July  and  August. 

Sec.  1.  Officers  and  employees  to  be  residents. — No  person  not  a  citi- 
zen and  an  actual  resident  and  dweller,  in  good  faith,  in  the  state  of 
New  York  shall  be  eligible  to  appointment  or  employment  in  any 
of  the  departments,  boards,  bureaus,  or  branches  of  the  government 
of  the  city,  except  in  institutions  which  care  for  the  sick  and  infirm, 
and  in  clinics  or  dispensaries  which  furnish  medical  or  surgical  advice 
or  treatment,  and  in  laboratories  offering  facilities  for  the  diagnosis 
of  disease  or  the  analysis  of  food  and  drugs.  Any  person  who  now 
is  or  who  shall  become,  after  such  appointment  or  employment,  a 
citizen,  resident  or  dweller  outside  the  state  of  New  York,  shall 
thereby  forfeit  his  said  appointment  or  employment  and  shall  be 
removed  therefrom.  The  provisions  of  this  section  shall  not  apply 
to  appointments  or  employments  for  services  or  work  to  be  per- 
formed for  the  city  outside  the  state  of  New  York;  nor  to  a  tem- 
porary appointment  or  employment  for  a  specific  service  or  work, 
where  peculiar  or  exceptional  qualifications  of  a  scientific,  profes- 
sional or  educational  character  are  necessary.  Prior  to  such  tem- 
porary appointment  or  employment,  evidence  in  writing  shall  be 
furnished  that  the  services  or  work  to  be  performed  cannot  be  well 
done  by  any  citizen  and  actual  resident  of  the  state  of  New  York 
who  is  available,  and  that  the  non-resident  person  proposed  to  be 
appointed  is  generally  recognized  as  one  possessing  such  exceptional 
qualifications  in  a  high  degree.  No  appointment  or  employment 
under  this  section  shall  be  valid  unless  the  consent  of  the  mayor 
shall  be  first  obtained.  He  may  require  the  municipal  civil  service 
commission  to  pass  upon  the  matter  and  certify  whether  such  ap- 
pointment or  employment  be  necessary,  and,  also,  whether  the  non- 
resident person  proposed  therefor  be  competent  and  necessary,  for 
lack  of  a  citizen  and  actual  resident  of  the  state  of  New  York  who 
is  available  for  appointment. 

Adopted  April  2,  1918.    Approved  April  6,  1918. 

§  2.  Vacations.  1.  Salaried  employees. — The  executive  heads  of 
the  various  departments,  and  the  bureaus  thereof,  of  the  city,  includ- 
ing the  department  of  education,  shall  grant  a  vacation  of  not  less 
than  2  calendar  weeks  in  each  year  to  every  employee  for  whom 
provision  is  made  for  continuous  or  yearly  service;  provided,  that 
if  any  employee  has  been  less  than  1  year  in  the  service,  it  shall  be 
within  the  discretion  of  the  executive  head  of  the  department  or 


MUNICIPAL  CIVIL  SERVICE  385 

bureau  having  jurisdiction  to  grant  such  vacation.  Vacations 
authorized  h>v  this  subdivision  may  be  extended  for  such  period  of 
time  as  the  duties,  length  of  service,  and  other  qualifications  of  the 
employee  may  warrant. 

2.  Per  diem  employees. — A  vacation  shall  be  granted  during  the 
months  of  June,  July,  August  and  September  of  each  year  to  each 
per  diem  employee,  who  has  been  in  the  service  of  the  City  for  at 
least  six  months  prior  to  each  June  first  and  who  shall  waive  all 
claims  to  any  rights  or  privileges  under  chapter  121  of  the  Laws  of 
1913.    Such  vacation  shall  consist  of  two  weeks. 

This  subdivision  shall  not  apply  to  per  diem  employees  who  are 
engaged  to  furnish  professional  or  expert  services  at  a  per  diem  rate. 
Adopted  June  3,  1919.     Approved  June  10,  1919. 

3.  Time  of  vacation. — The  heads  of  the  various  departments  and 
bureaus  may  fix  the  time  when  vacations  shall  be  given,  except  that 
per  diem  employees,  other  than  those  of  the  board  of  water  supply, 
department  of  parks  and  the  department  of  water  supply,  gas  and 
electricity  shall  be  given  vacations  only  during  the  months  oil  June, 
July,  August  and  September.     (Effective  June  20,  1916.) 

4.  Compensation. — For  all  vacations  granted  under  this  section, 
the  same  compensation  shall  be  allowed  as  if  the  recipient  were  ac- 
tually employed.     (Ord.  June  6,  1914.) 

§  3.  Hours  of  service  during  July  and  August. — Four  hours  upon 
any  Saturday,  during  the  months  of  July  and  August,  shall  consti- 
tute a  full  day's  work  for  all  employees  of  any  department  or  bureau 
of  the  city.  The  head  of  a  department  or  bureau  shall  have  power 
to  employ  his  subordinates  upon  any  legal  holiday,  or  may  employ 
them  upon  any  such  Saturday  in  excess  of  the  legal  day's  work  above 
prescribed,  paying  them  compensation  therefor  at  the  rate  of  their 
usual  wages  or  salaries.  The  provisions  of  this  section  shall  apply  to 
and  include  per  diem  employees,  but  shall  not  apply  to  the  uniformed 
forces  of  the  police  and  fire  departments.  (Ord.  June  24,  1913.) 

ARTICLE  2 

SPECIAL  PROVISIONS 

Sec.  10.  Employees  of  fire  or  police  department;  reinstatement. 

Sec.  10.  Employees  of  fire  or  police  department;  reinstatement. — • 
Employees  of  the  fire  or  police  department,  not  entitled  to  a  trial 
before  dismissal,  and  who  were  given  an  opportunity  to  explain 
charges  before  they  were  removed,  may  apply  to  the  mayor,  within 
one  year  from  the  date  of  the  order  separating  them  from  the  service, 
for  a  further  opportunity  to  explain,  setting  forth  the  reasons  for 
such  action.  The  mayor  may,  in  his  discretion,  grant  the  applica- 
tion. The  fire  or  police  commissioner  shall,  thereupon,  afford  a 
further  opportunity  to  the  dismissed  employee,  to  explain  the  charges 
filed  against  him,  on  which  the  removal  was  based.  Thereafter, 
the  fire  or  police  commissioner  may,  in  his  discretion,  reinstate  the 
dismissed  employee  or  reaffirm  the  previous  removal;  but,  prior  to 
any  reinstatement  under  this  section,  the  former  employee  shall 
file  a  written  statement  waiving  all  claim  or  claims  for  back  salary 
iind  damages  of  any  kind  whatsoever.  (Ord.  Mar.  4,  1914.) 


386  CODE  OP  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 


CHAPTER  17 

Parks,  Parkways  and  Park-Streets 

Article  1.  General  provisions. 

2.  Traffic  regulations. 

3.  Building  and  other  projections. 

4.  Miscellaneous. 

The  power  of  the  Board  of  Aldermen  to  pass  Park  Ordinances  is  prescribed  in 
the  Greater  New  York  Charter  (L.  1897,  ch.  378,  sec.  47),  and  the  Revised  Charter 
(L.  1901,  ch.  466,  sec.  43). 

By  Laws  1904,  chapter  678,  section  1,  amending  section  610,  Laws  1901,  chap- 
ter 466,  the  Park  Rules  in  force  May  1,  1904,  were  made  a  chapter  in  the  City  Ordi- 
nances and  amendments  when  adopted  by  the  Park  Board  became  effective  when 
copies  were  filed  with  the  City  Clerk. 

The  following  is  taken  from  the  Park  Ordinances,  adopted  March  18,  1912. 

ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  1.  Definitions. 

§  2.  Interfering  with  lands  or  improvements  thereon. 

§3.  Sub-surface  disturbances. 

§  4.  Over-head  wires. 

§  5.  Destruction  of  or  injury  to  park  property. 

"  6.  Preservation  of  lawns  and  grass  plots. 

7.  Bringing  trees,  plants  and  flowers  into  parks. 

8.  Use  of  roller  skates. 

9.  Rubbish  and  refuse  matter. 

10.  Processions;  drills;  music. 

11.  Public  meetings. 

12.  Sales  or  exhibitions. 

13.  Posting  bills  or  placards. 

14.  Bathing,  fishing,  boating  and  skating. 
14a.  Camping. 

15.  Protection  of  animals,  birds  and  reptiles. 
§  15a.  Baseball  and  other  games. 

§  16.  Animals  at  large. 
§  17.  Disorderly  conduct. 
§  18.  Custodian  of  minors. 

Sec.  1.  Definitions. — Unless  otherwise  expressly  stated,  whenever 
used  in  this  chapter,  the  following  terms  shall  respectively  be  deemed 
to  mean: 

1.  Commissioner,  or  the  commissioner,  the  park  commissioner  having 
jurisdiction  of  a  particular  park,  or  park-street,  as  hereinafter  defined; 

2.  Park,  any  park,  parkway,  square,  circle,  or  concourse,  or  part 
thereof,  under  the  jurisdiction  of  the  park  department; 

3.  Park-street,  a  street,    avenue,    boulevard  or  other    highway, 
under  the  jurisdiction  of  the  park  department; 

4.  Permit,  a  written  authorization  for  the  exercise  of  a  specified 
park  privilege,  issued  by  the  park  commissioner  having  jurisdiction. 

§2.  Interfering  with  lands  or  improvements  thereon. — No  person 


PARKS,  PARKWAYS  AND  PARK-STREETS  387 

shall  modify,  alter  or  in  any  manner  interfere  with  the  line  or  grades 
of  any  park  or  park-street,  nor  take  up,  move  or  disturb  any  curb, 
gutter  stone,  flagging,  tree,  tree-box,  railing,  fence,  sod,  soil  or  gravel 
thereof,  except  by  direction  of  the  commissioner  or  under  his  permit. 

§  3.  Sub-surface  disturbances. — No  person  shall  open,  expose  or 
interfere  with  any  water  or  gas  pipe,  hydrant,  stopcock,  sewer,  basin 
or  other  construction,  within  or  upon  any  park  or  park-street,  nor 
make  any  connection  therewith,  except  under  the  authority  of  a 
permit,  and  upon  the  deposit  of  such  sum  of  money  as  may  be  re- 
quired by  the  commissioner  to  insure  the  restoration  of  the  soil, 
plants,  shrubs,  trees,  sidewalk,  pavement,  curb,  gutter  and  flagging 
disturbed  in- the  making  of  such  connection. 

§  4.  Overhead  wires. — No  person  shall  attach  or  string  any  electric 
or  other  wire,  or  adjust  or  carry  the  same  into  or  over  any  park  or 
park-street,  except  under  a  permit. 

§5.-  Destruction  of  or  injury  to  park  property. — No  person  shall 
cut,  break  or  in  any  way  injure  or  deface  any  tree,  shrub,  plant, 
grass,  post,  railing,  chain,  lamp,  lamppost,  bench,  tree-guard, 
building,  structure  or  other  property  in  or  upon  any  park  or  park- 
street,  nor  shall  any  fallen  branches  be  cut  or  removed  without  a 
permit.  It  shall  be  unlawful  also  to  bring  into  any  park  any  tool  or 
instrument,  such  as  a  hatchet,  axe  or  saw  intended  to  be  used  for 
the  cutting  of  branches  of  trees,  or  trees  or  other  property. 

§  6.  Preservation  of  lawns  and  grass  plots. — No  person  unless  he 
shall  hold  a  special  permit  therefor  or  unless  a  special  permit  thore- 
for  shall  have  been  issued  to  a  group  of  which  he  is  a  member  shall 
go  upon  any  lawn  or  grassplot  in  any  park  or  parkway  except  when 
permission  therefor  shall  have  been  given  to  the  public  by  the  com- 
missioner. 

§  7.  Bringing  trees,  plants,  and  flowers  into  parks. — No  person 
shall  bring  into  or  carry  within  a  park  any  tree,  shrub,  plant  or 
flower,  or  newly  plucked  part  thereof,  without  a  permit. 

§  8.  Roller  skates. — No  person  shall  use  roller  skates,  push  mobiles 
or  any  similar  device  upon  any  sidewalk,  foot-path  bridle  path  or 
driveway,  nor  in  any  building  or  place  of  public  assembly,  except 
upon  such  walks  and  during  such  hours  as  may  be  designated  by  the 
commissioner. 

§  9.  Rubbish  and  refuse  matter. — No  person  shall  throw,  cast  or 
lay,  or  direct,  suffer  or  permit  any  servant,  agent,  employee  or  person 
in  his  or  her  charge,  to  throw,  cast  or  lay,  any  ashes,  offal,  vege- 
tables, garbage,  dross,  cinders,  shells,  straw,  shavings,  paper,  dirt, 
filth  or  rubbish  of  any  kind  whatsoever  in  any  park,  or  in  any  lake, 
lawn,  path,  walk,  road  or  drive  thereof,  or  in  any  park-street;  pro- 
cided  that  in  the  morning  before  8  o'clock,  or  before  the  first  sweep- 
ing of  the  roadway  of  any  park-street  by  the  street  cleaners,  dust 
from  the  sidewalk  may  be  swept  into  the  gutter,  if  there  piled,  but 
not  otherwise. 

§  10.  Processions;  drills;  music. — No  parade,  drill  or  manceuver 
of  any  kind  shall  be  conducted,  nor  shall  any  person  play  upon  a 
musical  instrument  or  display  any  flag,  banner,  target,  sign,  placard 
or  transparency  in  any  park,  nor  shall  any  civic  or  other  procession 
form  or  move  therein,  without  a  permit;  but  no  such  permit  shall 
be  necessary  for  the  use  of  the  parade  ground  adjacent  to  Prospect. 


388  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

Park,  Borough  of  Brooklyn,  by  organizations  of  the  National  Guard 
of  the  State  of  New  York. 

§  11.  Public  meetings. — No  person  shall  erect  any  structure,  stand 
or  platform,  or  hold  any  meeting,  or  perform  any  ceremony  or  make  a 
speech,  address  or  harangue  in  any  park  without  a  permit  from  the 
commissioner  having  jurisdiction. 

§  12.  Permits  for  sales,  exhibitions,  etc. — No  person  shall  exhibit, 
sell,  or  offer  for  sale  anything  whatsoever,  or  take  any  photograph, 
or  perform  any  personal  service  or  hire  in  any  park  or  parkway,  or 
in  any  street,  square,  or  public  place  under  the  jurisdiction  of  the 
department  of  parks  except  under  a  permit  from  the  commissioner 
of  parks  of  the  borough  in  which  such  park  or  parkway,  street, 
square,  or  public  place  is  situated  or  otherwise  than  in  accordance 
with  the  terms  of  such  permit,  provided,  however,  that  the  provisions 
of  this  section  shall  not  apply  to  public  hack  stands  maintained  in 
streets  adjacent  to  public  parks,  pursuant  to  section  99,  article  8, 
chapter  14  of  the  Code  of  Ordinances. 

§  13.  Posting  bills  or  placards;  distributing  cards,  circulars  or  pam- 
phlets.— No  person  shall  post  any  bill,  placard,  notice  or  other 
paper  upon  any  structure,  tree,  rock,  article  or  thing  within  any 
park  or  upon  any  park-street,  nor  paint  or  affix  thereon,  in  any 
other  way,  any  advertisement,  notice  or  exhortation,  except,  under 
a  permit  and  in  strict  conformity  therewith.  No  person  shall  dis- 
tribute, hand  out  or  cast  about  any  card,  circular,  pamphlet  or 
other  printed  matter  within  any  park  or  upon  any  park-street.  The 
placing,  or  using  for  any  other  purpose  than  reading,  of  newspapers, 
or  other  papers,  on  the  lawns  or  benches  of  public  parks,  is  forbidden. 

As  to  posting  placards  "on  private  property,  see  People  v.  Green,  85  App.  Div. 
400. 

§  14.  Bathing,  fishing,  boating  and  skating. — No  person  shall 
bathe  in,  nor  disturb  in  any  way  the  fish  in,  the  waters  or  fountains 
of  any  park,  nor  cast  any  substance  therein;  except,  that  in  the 
waters  adjacent  to  Pelham  Bay  Park  bathing  and  fishing  shall  be 
permitted,  subject  to  the  rules  and  regulations  prescribed  by  the 
commissioner.  Fishing  may  also  be  allowed  in  the  lakes  of  Prospect 
Park  and  Kissena  Park,  under  permits.  No  person  shall  be  per- 
mitted to  appear  in  bathing  costume  or  in  any  other  than  customary 
street  attire  in  any  park  or  parkway,  except  on  the  beaches  in  Pel- 
ham  Bay,  Seaside,  Dreamland,  Jacob  Riis  and  Rockaway  Parks. 
No  boat  or  vessel  shall  be  placed  upon  any  of  the  waters  of  any  park, 
except  by  special  permit.  No  skating  or  sledding  shall  be  allowed 
on  any  park  lakes,  unless  and  until  the  ice  is  declared  to  be  in  a 
suitable  condition  by  the  commissioner. 

§  14a.  Camping. — No  person  shall  tent  or  camp  or  erect  a  tent 
or  camp  in  a  public  park,  or  public  place  under  the  jurisdiction  of  a 
Park  Commissioner,  without  a  permit. 

§  15.  Protection  of  animals,  birds  and  reptiles. — No  person  shall 
hunt,  chase,  shoot,  trap,  discharge  or  throw  missiles  at,  or  molest 
or  disturb  in  any  way,  any  animal,  bird,  or  reptile  in  any  park. 

§  15a.  Baseball  and  other  games. — No  person  shall  throw,  cast, 
catch,  kick  or  strike  with  any  implement  whatever,  any  baseball, 
golf  ball,  foot-ball,  basket  ball,  bean  bag,  or  other  object  in  or  upon 
any  park  or  parkway,  or  any  square,  circle,  concourse,  playground, 


PARKS,   PARKWAYS,   AND    PARK-STREETS  389 

street,  avenue,  boulevard  or  other  highway  under  the  jurisdiction 
of  the  park  department,  or  on  any  recreation  pier,  without  a  permit 
therefor  issued  by  the  commissioner  or  his  supervisor  of  recreation 
nor  otherwise  than  in  accordance  with  the  terms  of  such  permit. 

§  15b.  Golf. — Caddies  shall  not  be  brought  by  players  upon  any 
of  the  golf  courses  under  the  jurisdiction  of  any  commissioner, 
without  permission  of  the  commissioner  or  his  representative  in 
charge. 

§  16.  Animals  at  large. — No  horse  or  other  animal  shall  be  al- 
lowed to  go  at  large  in  any  park  or  upon  any  park-street,  except  dogs 
that  are  restrained  by  a  chain  or  leash  not  exceeding  6  feet  in  length. 

§  17.  Disorderly  conduct. — No  person  shall,  in  any  park: 

1.  Use  threatening,  abusive  or  insulting  language; 

2.  Do  any  obscene  or  indecent  act; 

3.  Throw  stones  or  other  missiles; 

4.  Beg  or  publicly  solicit  subscriptions  or  contributions; 

5.  Tell  fortunes: 

6.  Play  cards  or  other  games  of  chance,  or  use  or  operate  any 
gaming  table  or  instrument; 

7.  Climb  upon  any  wall,   fence,   shelter,   seat,   statue  or  other 
erection; 

8.  Fire  or  carry  any  firearm,  firecracker,  torpedo  or  fireworks; 

9.  Make  a  fire; 

10.  Enter  or  leave  except  at  the  established  entrance-ways; 

11.  Loiter  at  night  where  there  is  no  light,  in  automobile,  or  other 
vehicle,  or  otherwise.    It  shall  be  unlawful  after  12  o'clock  midnight 
to  loiter  in  any  park,  under  any  circumstances,  unless  general  or 
special  permission  shall  be  given  by  the  Park  Commissioner. 

12.  Do  any  act  tending  to  a  breach  of  the  public  peace; 

13.  Bring  into  any  park  or  consume  publicly,  any  beverage  con- 
taining alcohol; 

14.  Bring,  land  or  cause  to  descend  or  alight  any  aeroplane,  air- 
ship, flying  machine,  balloon,  parachute  or  other  instrumentality 
for  aviation  in,  on  or  upon  any  park  or  parkway,  without  a  permit; 

15.  The  Commissioner  of  Parks,  Borough  of  The  Bronx,  may,  in 
his  discretion,  fix  the  hours  for  entering  or  leaving  Hunter  Island 
and  Twin  Island,  Pelham  Bay  Park,  and  when  so  fixed,  suitable 
signs  may  be  placed  at  points  deemed  appropriate  by  the  said  com- 
missioner. 

All  persons  doing  any  act  injurious  to  a  park  shall  be  removed 
therefrom  by  the  park  keepers  or  by  the  police.  When  necessary 
to  the  protection  of  life  or  property,  the  officers  and  keepers  of  the 
park  may  remove  all  persons  from  any  designated  part  thereof. 

§  18.  No  parent,  guardian  or  custodian  of  a  minor  shall  per- 
mit or  allow  such  minor  to  do  any  act  prohibited  by  any  provision 
of  this  chapter. 

Park  ordinances  must  be  reasonable.  Matter  of  Wright,  29  Hun  357;  Baldwin  v. 
Park  Comm.,  N.  Y.  Daily  Register,  April  8,  1891. 


390  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

ARTICLE  2 

TRAFFIC  REGULATIONS 

Sec.  30.  Use  of  drives  and  bridle  paths. 

31.  Parking  vehicles. 

32.  Towing  vehicles. 

33.  Restrictions  on  certain  vehicles. 

34.  Public  hacks,  cabs  and  automobiles. 

35.  Carriers  of  offensive  refuse  or  heavy  materials. 

36.  Smoky  motor  vehicles. 
§  37.  Park-streets. 

§  38.  Harlem  River  driveway. 

§  39.  Ocean  Boulevard,  Bay  Parkway,  Eastern  Parkway,  Brooklyn 

Speedway,    Ocean    Parkway,   Bushwick  Avenue,  Fort 

Hamilton  Parkway. 
§  40.  Bicylists. 

§  41.  Coney  Island  cycle  paths. 
§  42.  Instruction  in  driving  motor  vehicles  or  bicycles. 

Sec.  30.  Use  of  drives  and  bridle  paths. — In  all  parks  and  parkways, 
the  drives  shall  be  used  only  by  persons  in  pleasure  vehicles,  on 
bicycles  or  on  horseback;  the  bridle  paths  only  by  persons  on  horse- 
back. Animals  to  be  used  on  either  shall  be  well  broken,  and  con- 
stantly held  in  such  control  that  they  may  be  easily  and  quickly 
turned  or  stopped.  No  person  shall  operate,  drive  or  propel,  and 
no  owner  thereof  riding  thereon  or  therein  shall  cause  or  permit  to 
be  operated  driven  or  propelled,  on  any  park  drive,  parkway  or 
park-street,  any  bicycle,  tricycle,  velocipede,  motor-cycle,  motor- 
tricycle,  motor  delivery  wagon,  or  motor  vehicle,  however  propelled, 
or  any  vehicle  drawn  by  horses  or  other  animals,  recklessly  or  negli- 
gently, or  at  a  speed  or  in  a  manner  so  as  to  endanger,  or  to  be  likely 
to  endanger  the  life  or  property  of  any  person.  A  rate  of  speed  ex- 
ceeding fifteen  miles  per  hour  is  prohibited  in  any  park,  parkway, 
street  or  other  place  under  the  jurisdiction  of  any  Park  Commis- 
sioner. When  an  officer  on  duty  shall  direct,  by  gesture  or  otherwise, 
that  the  speed  of  an  animal  or  vehicle  shall  be  checked,  or  that  it 
shall  be  stopped,  or  its  course  altered,  such  direction  shall  be  im- 
mediately obeyed.  No  horse  or  other  beast  of  burden,  nor  any 
automobile,  shall  be  driven  or  suffered  to  stand  anywhere  except 
on  the  drive  or  bridle  path.  On  all  driveways  and  parkways  where 
grass  plots  divide  the  way,  all  vehicles  and  horsemen  must  keep  on 
the  right  hand  drive  or  bridle  path. 

§  31.  Parking  vehicles*— No  owner  or  operator  of  a  motor-cycle, 
automobile  or  horse-drawn  vehicle  shall  stop  near  any  of  the  music 
stands  or  other  places  in  or  about  a  park,  parkway,  plaza,  concourse, 
circle  or  square,  where  any  considerable  number  of  persons  are 
accustomed  to  congregate,  or  where  such  motor-cycles,  automo- 
biles or  vehicles  would  be  a  source  of  danger  to  life  and  limb, 
except  by  permission  of  the  commissioner.  Automobiles  shall  not  be 
parked  in,any  place  in  any  park  after  10  P.  M. 

§  32.  Towing  vehicles.— No  vehicle  of  any  kind,  in  tow  of  another 


PARKS,   PARKWAYS  AXD  PARK-STREETS  391 

vehicle  or  machine,  shall  be  allowed  to  enter  any  park  or  to  proceed 
along  any  parkway,  but,  in  case  of  break-down,  within  a  park  or  park- 
way, the  disabled  vehicle  may  be  towed  to  the  nearest  point  of  exit. 
§33.  Restrictions  on  certain  vehicles.  1.  Hearses. — No  hearse, 
or  other  vehicle  or  person  carrying  the  body  of  a  dead  person,  shall 
enter  or  be  allowed  hi  any  part  of  a  park,  except  by  permit. 

2.  Carriers. — No  motor  cycle,  motor  vehicle  or  horse-drawn  ve- 
hicle shall  be  used  on  the  park  or  parkway  drives  for  the  sole  or 
part  purpose  of  carrying  or  carting  merchandise,  goods,  household 
or  other  furniture,  tools,  rubbish  or  other  material,  except  upon 
traffic  roads  provided  for  trucks,  wagons  and  other  than  pleasure 
vehicles,  except  by  permission  of  the  Park  Commissioner. 

3.  Fire  apparatus. — No  fire  engine  or  other  apparatus  on  wheels 
for  extinguishing  fire  shall  enter  or  be  allowed  upon  any  part  of 
the  park,  except  the  transverse  and  traffic  roads. 

§  34.  Public  hacks,  cabs  and  automobiles.  1.  Special  permits. — 1. 
No  automobile,  stage  or  other  vehicle  shall  be  allowed  to  carry 
passengers  for  hire  over  or  upon  any  park  or  parkways,  except  upon 
traffic  roads,  without  a  permit. 

2.  Awaiting  fares. — No  vehicles  for  hire  shall  stand  within  a  park, 
parkway  or  park-street  for  the   purpose  of  taking  up  passengers, 
other  than  those  whom  it  has  brought  in,  without  a  permit. 

3.  Soliciting  passengers. — All  drivers  or   attendants  of    vehicles 
for  hire,  standing  in  Central  Park,  shall  remain  in  close  proximity 
to  their  vehicles,  while  so  standing,  and  no  person  shall  in  any  way 
solicit  a  passenger  for  any  vehicle  for  hire  in  Central  Park  without 
a  permit,  and  the  Park  Commissioner  may  make  a  charge  for  such 
permit. 

§  35.  Carriers  of  offensive  refuse  or  heavy  materials. — No  garbage, 
ashes,  manure  or  other  offensive  material  shall  be  carried  over  any 
parkway  or  through  any  park,  except  upon  the  traffic  roads  set 
apart  for  the  purpose.  When  such  refuse  is  to  be  removed  from 
residences  fronting  on  any  park  or  park-street,  the  vehicle  collecting 
the  same  must  leave  the  park  or  street  as  soon  as  the  collection  has 
been  accomplished,  and  within  the  time  prescribed  by  the  com- 
missioner. No  earth,  sand  or  broken  stone  shall  be  carried  over 
any  parkway  except  on  traffic  roads,  without  a  permit. 

§  36.  Smoky  motor  vehicles. — No  person  shall  be  permitted  to 
run  a  motor  vehicle  which  emits  offensive  quantities  of  smoke  or 
gas  or  disagreeable  doors  from  its  exhaust,  or  muffler,  in  a  park  or 
park-street. 

§  37.  Park-streets.  1.  General. — No  animal  or  vehicle  shall  be 
permitted  to  stand,  nor  shall  any  incumbrance  of  any  kind  be  al- 
lowed to  remain  upon  any  street  adjacent  to  or  bounding  upon  any 
park,  without  a  permit;  except  that  vehicles  may  be  permitted  to 
take  up  and  set  down  passengers,  and  to  load  and  unload  merchandise 
in  the  usual  manner,  and  may  occupy  the  street  a  reasonable  time 
for  the  purpose;  provided,  however,  that  they  shall  not,  while  so 
doing,  unnecessarily  incumber  the  street  or  obstruct  travel  therein. 
Business  vehicles,  heavy  or  light  trucks,  delivery  wagons,  automo- 
bilcs  currying  goods,  etc.,  may  be  prohibited  from  using  any  road- 
way or  portion  of  roadway  under  the  jurisdiction  of  the  Department 
of  Parks,  City  of  New  York,  or  any  branch  thereof,  which  may  be 


392  CODE   OF   ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

designated  by  the  commissioner  having  jurisdiction,  by  appropriate 
signs  being  placed  thereon  or  otherwise. 

2.  Special. — The  delivery  of  supplies  to  the  residences  on  River- 
side Drive  and  Morningside  avenue,  West,  in  Manhattan,  and  the 
Shore  Road  in  Brooklyn,  will  be  permitted  in  the  forenoon,  but  no 
business  vehicles  shall  enter  upon  or  pass  over  said  parkways  after 
the  hour  of  noon,  except  by  special  permit.  In  passing  over  any  of 
said  streets,  business  vehicles  must  go  directly  to  the  place  of  de- 
livery and  must  leave  such  street  without  unnecessary  delay,  and 
by  the  shortest  rpute-y-the  place  of  entry,  if  possible.  The  park- 
streets,  specified  in  this  sub-division  must  not  be  used  to  enable 
business  vehicles  to  reach  places  exterior  to  such  streets. 

§  38.  Harlem  River  driveway.  1.  Speedway  restricted. — The  use  of 
the  Speedway  is  restricted  to  horse-drawn  pleasure  vehicles  except  as 
otherwise  determined  by  the  Commissioner  of  Parks  for  the  Borough 
of  Manhattan  under  the  provisions  of  Chapter  102,  Laws  of  1919. 

2.  Crossing  roadway. — Pedestrians  must  not  cross  on  the  Speed- 
way; subways  are  provided  for  that  purpose. 

§  39.  Ocean  Boulevard,  Bay  Parkway,  Eastern  Parkway  and  the 
Speedway  in  Brooklyn.  1.  Business  vehicles. — Wagons,  trucks,  and 
other  business  vehicles,  heavy  or  light,  are  prohibited  from  us- 
ing the  main  driveway  of  the  Ocean  Parkway  and  must  use  the 
west  traffic  road  at  all  times;  and  from  using  the  Bay  Parkway,  be- 
tween 80th  Street  and  Gravesend  Bay;  and  from  using  the  central 
pavement  on  the  main  roadway  of  Eastern  Parkway,  using  either 
the  block  pavement  on  the  main  roadway  adjoining  the  central 
pavement  or  the  side  traffic  roads.  Pleasure  vehicles. — On  Eastern 
Parkway,  from  the  Plaza  to  Ralph  Avenue,  pleasure  vehicles,  auto- 
mobiles, carriages,  etc.,  shall  use  the  central  pavement  on  the  main 
roadway  and  are  prohibited  from  using  the  heavy  traffic  side  roads, 
except  when  main  roadway  is  not  open  for  use. 

la.  It  shall  be  unlawful  to  drive  any  vehicle  over  the  easterly 
side  road  or  bridle  road  of  the  Ocean  Parkway,  between  Prospect 
Park  and  the  Coney  Island  Concourse,  or  to  park  any  automobile 
along  the  curb  line,  except  as  it  may  be  necessary  for  vehicles  to 
use  the  bridle  road  for  the  purpose  of  conveying  supplies  and  mate- 
rials to  or  from  residences  or  sites  for  residences,  and  as  it  may  be 
necessary  for  automobiles  to  approach  or  leave  residences  or  sites 
for  residences,  or  as  it  may  be  necessary  to  park  automobiles 
in  front  of  residences  or  sites  for  residences  pending  their  use,  in 
accordance  with  the  traffic  rules  of  the  Police  Department  of  the  City 
of  New  York.  In  all  cases,  however,  vehicles  must  enter  said  road 
from  the  nearest  street  intersection,  in  the  direction  of  traffic  and  leave 
said  road  by  the  nearest  intersecting  street  in  the  direction  of  traffic. 

2.  Use  of  Speedway  area. — The  Speedway  section  of  Ocean  Park- 
way, between  Bay  Parkway  and  Kings  Highway,  is  no  longer  re- 
stricted to  the  use  of  light  harness  driving  and  speeding  puproses 
during  any  hour  of  the  day,  on  any  day  of  the  week,  but  shall  be 
open  for  the  use  of  automobiles  and  other  pleasure  vehicles  at  all 
times,  the  same  as  other  sections  of  the  main  roadway,  and  the 
Commissioner  of  Parks  for  the  Borough  of  Brooklyn  is  hereby  au- 
thorized to  regulate,  grade,  curb  and  pave  this  section  of  the  Ocean 
Parkway  main  roadway,  between  Bay  Parkway  and  Kings  Highway, 


PARKS,   PARKWAYS   AND   PARK-STREETS  393 

with  a  permanent  or  other  suitable  type  of  pavement  for  general 
automobile  and  pleasure  vehicle  use. 

3.  Ocean  Parkway  restriction.    Southerly  end. — The  main  roadway, 
cycle  paths,  bridle  road  and  traffic  road  of  Ocean  Parkway,  from 
the  southerly  side  of  Sea  Breeze  Avenue  southerly  to  Coney  Island 
Concourse,  including  the  Concourse  at  the  water  front,  is  restricted 
to  the  use  of  automobiles,  pleasure  vehicles,  equestrians,  etc.    Busi- 
ness wagons,  trucks,  auto  trucks,  trailers,  etc.,  will  not  be  permitted 
at  any  time  on  this  section  of  Ocean  Parkway,  except  for  purposes 
of  delivery  to  business  places  or  residence  located  on  the  easterly 
side  of  the  bridle  road  on  this  section  of  the  Parkway. 

4.  Bushwick    Avenue — Parkway    restrictions. — Business    vehicles, 
heavy  or  light,  trucks,  trailers,  delivery  wagons,  etc.,  are  prohibited 
from  using  the  section  of  Bushwick  Avenue  between  the  southerly 
curb  line  of  Myrtle  Avenue  and  the  northeasterly  curb  line  of  Ja- 
maica Avenue;  this  section  being  hereby  restricted  to  the  use  of 
automobiles,  pleasure  vehicles,  etc.,  with  the  exception  of  vehicles 
making  deliveries  to  business  or  residential  places  located  along  the 
roadway,  in  which  case  vehicles  must  approach  and  leave  roadway 
by  the  nearest  intersecting  street. 

5.  Fort  Hamilton  Parkway. — Wagons,  trucks  and  other  business 
vehicles  are  prohibited  from  using  Fort  Hamilton  Parkway  for  its 
length  from  Ocean  Parkway  to  the  Shore  Road,  Borough  of  Brook- 
lyn; except  as  it  may  be  necessary  for  the  purpose  of  conveying 
supplies  or  materials  to  or  from  residences  and  business  premises 
along  the  parkway.    In  all  cases,  however,  such  vehicles  must  enter 
iJpon  said  parkway  from  the  nearest  intersecting  street  in  the  direc- 
tion of  traffic  and  leave  said  parkway  by  the  nearest  intersecting 
street  in  the  direction  of  traffic  in  accordance  with  the  traffic  regula- 
tions of  the  Police  Department  of  The  City  of  New  York. 

6.  No  person  shall  operate  an  automobile  on  that  part  of  the 
Eastchester  Bay  Shore  Road,  beginning  at  the  northerly  approach 
to  the  bridge  over  Eastchester  Bay  at  its  junction  with  the  Eastern 
Boulevard,  and  running  thence  easterly  and  thence  northerly,  fol- 
lowing a  winding  course,  approximately  parallel  to  the  shore  line 
of  Eastchester  Bay  for  a  distance  of  approximately  4,450  feet  to  a 
point  on  the  City  Island  Road,  125  feet  west  of  Glover's  Rock,  nor 
upon  that  portion  of  the  Shore  Road  known  familiarly  as  the  Orchard 
Beach  Shore  Road,  beginning  at  a  point  on  the  City  Island  Road 
435  feet  east  of  Glover's  Rock,  running  thence  in  a  winding  course 
approximately  parallel  to  the  shore  line  of  Pelham  Bay,  through 
the  camp  reservation  at  Orchard  Beach,  and  for  a  distance  approx- 
imately 4,800  feet  to  the  City  Island  Road  where  it  joins  the  westerly 
approach  to  the  City  Island  Bridge. 

§  40.  Bicyclists. — No  person  shall  ride  a  bicycle  upon  the  foot- 
paths in  any  park  or  parkways.  Bicyclists  walking  upon  a  foot- 
path may  push  their  wheels  along  the  path,  but  in  no  case  shall  the 
machine  be  taken  upon  the  turf. 

§41.  Coney  Island  Cycle-paths.  1.  Reserved  for  cyclists. — Horses, 
wagons,  carriages,  automobiles  and  pedestrians  must  not  use  bicycle 
patoft 

An  ordinance  forbidding  bicycles  in  the  parks  cannot  be  called  unreasonable,  as 
in:itt.-r  of  law.  Mutter  of  Wright,  29  Hun,  357. 


394  CODE  OF  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 

2.  Going  and  returning. — Cyclists  must  use  the  west  path  when 
going  toward  Coney  Island,  and  the  east  path  in  returning. 

3.  Speed  limit. — Cyclists  and  motor  cyclists  must  not  exceed  a  speed 
of  eighteen  miles  an  hour  on  the  bicycle  paths.    Racing  on  the  bicycle 
paths  is  prohibited,  except  by  special  permission  of  the  commissioner. 

§  42.  Instruction  in  driving  motor  vehicles  or  bicycles. — •Instruction 
in  operating  automobiles,  motor  cycles,  bicycles,  tricycles,  veloci- 
pedes or  other  vehicles  of  propulsion,  is  prohibited  in  parks  and 
parkways  at  all  times. 

ARTICLE  3 

PROJECTIONS    UPON    PARKS,     PARKWAYS    OR    PARK-STREETS 

Sec.  60.  General  provisions. 

§  61.  Fifth  Avenue,  Manhattan. 

§  62.  Riverside  Drive. 

§  63.  Ocean  Parkway. 

§  64.  Restricted  areas,  Ocean  Parkway,  Eastern  Parkway,  Plaza 

Street. 

§  65.  Bushwick  Avenue  Boulevard,  Court  Yard  Regulations,  etc. 
§  66.  News-stands,  Borough  of  Manhattan. 

Sec.  60.  General  provisions.  1.  Jurisdiction. — Each  commissioner 
may  grant  permits  for  the  erection  and  maintenance  of  projections 
on  any  park  or  parkway,  within  his  jurisdiction,  and  on  all  streets 
and  avenues  within  a  distance  of  350  feet  from  the  outer  boundaries 
thereof,  upon  such  terms  and  conditions  and  upon  the  making  of 
such  compensation  to  the  City  as  in  his  discretion  he  may  deter- 
mine, with  respect  to  the  particular  locality. 

2.  Correction  of  defects. — Where  permits  have  heretofore  been 
granted  upon  the  making  of  compensation  and  a  new  permit  is 
desired  to  correct  any  irregularity,    defect  or  supposed    want  of 
jurisdiction  in  the  granting  of  such  permit,  a  new  permit  may  be 
granted  without  further  compensation. 

3.  Curb  and  surface  construction. — Each  commissioner  may  de- 
termine the  line  of  curb  and  the  surface  constructions  of  all  streets 
and  avenues,  lying  within  any  park  or  parkway,  in  his  jurisdiction, 
or  within  a  distance  of  350  feet  from  the  outer  boundaries  thereof, 
as  he  may  deem  advisable,  according  to  the  particular  locality,  and 
best  calculated  to  maintain  the  beauty  and  utility  of  such  park  or 
parkway. 

4.  House  projections. — All  applications  for  the  privilege  of  erecting 
bay  windows  or  other  house  projections  shall  be  made  to  the  com- 
missioner in  whose  administrative  jurisdiction  the  park  or  parkway 
affected  lies,  who  may,  in  his  discretion,  grant  the  same,  upon  pay- 
ment of  a  fee  to  be  determined  in  each  case  by  him.    Working  plans 
in  duplicate,  drawn  to  a  scale  of  one-quarter  inch  to  the  foot,  shall 
be  required  to  accompany  each  application,  showing  the  elevation, 
plans  and  vertical  sections  of  extent  of  projection,  one  copy  of 
which  shall  be  filed  in  the  office  of  the  commissioner,  and  another 
shall  be  returned  to  the  applicant,    for  filing  in  the   appropriate 
bureau  of  buildings,  upon  the  approval  of  the  commissioner.     No 


PARKS,    PARKWAYS   AND   PARK-STREETS  395 

permit  will  be  granted  to  cover  projections  that  do  not  comply 
with  the  Building  Code. 

But  permanent  encroachments  or  projections  cannot  be  made  beyond  the  build- 
ing lines.  City  of  N.  Y.  v.  Rice,  198  N.  Y.  124;  Ackerman  v.  True,  175  N.  Y.  353. 

§  61.  Fifth  Avenue,  Manhattan. — Owners  of  property  on  the 
easterly  side  of  Fifth  Avenue,  between  58th  and  lllth  Streets,  in 
the  Borough  of  Manhattan,  or  upon  any, of  the  streets  or  avenues 
surrounding  Central  Park,  within  the  boundaries  first  above  men- 
tioned, shall  not  undertake  any  work  on  stoops,  railings  or  other  pro- 
jections, or  areas  or  court  yards  beyond  the  building  line,  until  the 
plan  thereof  has  been  submitted  to  and  approved  by  the  said  com- 
missioner. 

§62.  Riverside  Drive.  1.  General  provisions. — No  structure  or 
construction  of  any  description,  nor  any  part  thereof,  shall  be 
placed  or  permitted  on  or  under  Riverside  Drive  until  working  plans 
in.  duplicate,  drawn  to  a  scale  l/£  inch  to  the  foot,  shall  have  been 
filed  with  the  Department  of  Parks,  with  an  application  for  the 
erection  or  construction  of  the  structure;  said  drawings  to  show 
elevations,  floor  plans  and  vertical  sections  of  the  extent  of  projec- 
tions, and  that  the  applicant  has  received  permission  to  erect  the 
said  projection,  as  shown  on  drawings  from  the  department. 

2.  Sub-surface  construction. — No  vault  or  other  construction 
below  the  sidewalk  shall  be  built  except  in  such  manner  as  shall 
leave  the  sewers,  gas  and  water  pipes,  or  space  proposed  to  be  oc- 
cupied by  the  same,  free  and  uninclosed  and  in  safe  condition,  nor 
in  any  case  to  extend  in  the  clear  beyond  the  curb  line. 

The  exclusive  jurisdiction  of  the  Department  of  Parks  over  Riverside  Drive  was 
sustained  in  Ackerman  v.  True,  175  N.  Y.  353. 

§  63.  Ocean  Parkway.  1.  Veranda,  porch,  piazza  or  portico  pro- 
jections beyond  courtyard  restriction  line. — All  applications  for  pro- 
jections of  verandas,  prches,  piazzas,  etc.,  beyond  the  thirty  (30) 
foot  restriction  line  of  Ocean  Parkway  shall  be  accompanied  by  blue 
prints  of  plan  of  proposed  projection,  drawn  to  a  scale  of  one-quarter 
04)  of  an  inch  to  the  foot,  showing  restriction  line,  lot  lines,  plan  and 
section  or  plan  and  elevation  of  projection.  The  projection  shall  not 
exceed  fifteen  (15)  feet  beyond  the  restriction  line  at  any  point,  and 
shall  be  of  open  construction,  with  roof  supported  by  columns  or  piers. 

§64.  Restricted  areas  on  Ocean  Parkway,  Eastern  Parkway  and 
Plaza  Street. — The  restricted  areas  on  these  parkways  shall  be  re- 
served strictly  for  the  purposes  set  forth  in  the  respective  laws 
governing  same  and  shall  not  be  used  temporarily  or  permanently 
for  any  of  the  following  purposes:  advertising  signs,  contractors' 
tool  houses  or  shanties,  disposal  of  garbage,  refuse,  rubbish  or  other 
waste  materials,  dumping  ground  for  filling  material,  garage  build- 
ings, news-stands,  gasoline  stations,  moving  picture  houses  or  pur- 
veying stands.  No  use  or  occupancy  of  any  nature  whatsoever  shall 
be  made  of  these  restricted  areas  without  a  permit  having  been 
previously  secured  from  the  commission  of  parks  having  jurisdiction. 

§65.  Bushwick  Avenue  Boulevard,  Court  Yard  Regulations.  1. 
Structures. — No  person  or  persons  shall  erect  or  construct  upon  the 
twenty-foot  courtyard  on  each  side  of  the  Bushwick  Avenue  Boule- 
vard, by  law  set  apart  to  be  used  as  courtyards  only,  any  piazza, 
veranda,  covered  or  enclosed  porch,  platform  or  structure  other  than 


396  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

stoops,  steps  or  platforms  with  open  sides  or  railings  not  to  exceed 
seven  feet  in  height,  or  to  extend  upon  said  courtyards  more  than 
seven  feet  or  a  greater  width  than  is  necessary  for  the  purpose  of  a 
convenient  passageway  into  houses  or  building  to  which  the  same 
shall  be  attached;  nor  shall  any  person  or  persons  build  or  construct 
any  area  or  surface  or  sub-surface  structure  in  said  courtyards, 
except  upon  the  approval  of  the  commissioner  of  parks  having  juris- 
diction. No  super  structure,  surface  structure  or  sub-structure  of 
any  nature  whatsoever  shall  be  built  in,  placed  or  constructed  upon 
said  courtyards  without  receiving  a  permit  from  the  park  commis- 
sioner having  jurisdiction.  Plans  of  such  encroachments  shall  be 
drawn  to  the  scale  of  one-quarter  of  an  inch  to  the  foot  and  shall  be 
filed  with  said  commissioner  for  his  approval  at  the  time  of  applica- 
tion for  permit. 

2.  Trees  and  shrubbery. — The  planting  of  trees  and  shrubs  within 
the  courtyard  areas  shall  be  subject  to  the  written  approval  of  the 
commissioner  of  parks  having  jurisdiction. 

3.  Signs. — Advertising,  business,  or  signs  of  any  and  all  descrip- 
tions are  hereby  prohibited  from  being  placed  within  the  courtyard 
areas  of  Bush  wick  Avenue  Boulevard.     This  regulation  shall  be  in 
effect  as  of  the  date  of  transfer  of  said  Bushwick  Avenue  Boulevard 
from  the  jurisdiction  of  the  President  of  the  Borough  of  Brooklyn 
to  the  jurisdiction  of  the  Commissioner  of  Parks  for  the  Borough  of 
Brooklyn. 

4.  Rubbish,    litter,    etc. — No  rubbish,    litter,    garbage,    ashes   or 
obnoxious  or  offensive  matter  of  any  kind  whatsoever  shall  be 
placed  on  or  allowed  to  remain  upon  said  courtyard  areas. 

§  66.  News-stands  in  the  Borough  of  Manhattan  shall  be  operated 
in  accordance  with  the  following  rules  and  regulations: 

1.  All  news-stands  shall  be  painted  green,  of  a  shade  prescribed 
by  the  Chief  Engineer,  Borough  of  Manhattan.     No  stand  shall 
bear  any  lettering  not  approved  by  said  Chief  Engineer. 

2.  The  sale  of  all  charts,  circulars,  leaflets,  envelopes,  etc.,  pur- 
porting to  give  information  as  to  the  condition  of  race  horses,  their 
past. performances,  and  the  probabilities  of  their  winning  at  future 
racing  events,  is  prohibited.     The  violation  of  this  provision  shall 
be  cause  for  the  forfeiture  of  the  Park  Department's  license. 

3.  Holders  of  news-stand  permits  paying  a  license  fee  of  less  than 
$200  a  year  must  personally  attend  their  stands  during  two-thirds  of 
the  time  of  each  day  when  such  stands  are  transacting  business. 

4.  All  persons  employed  by  permit  holders  as  helpers  in  the  sale 
of  newspapers  must  take  out  Park  Department  licenses  for  the  sale 
of  newspapers  from  the  arm.     The  employment  as  a  helper  in  the 
sale  of  newspapers  of  a  person  unsatisfactory  to  the  department 
shall  be  sufficient  cause  for  the  revocation  of  a  permit. 

5.  No  news-stand  adjoining  a  grass  plot  shall  exceed  in  height 
the  ordinary  pipe  rail  fence  of  the  Department  of  Parks  against 
which  such  stand  is  placed.     All  news-stands  adjoining  grass  plots 
shall  have  their  top  covers  fully  removable.    On  such  news-stands 
there  shall  be  no  display  either  above  the  level  of  the  pipe  rail  fence 
or  to  the  left  or  right  of  the  stand  adjoining  the  grass  plot.    Viola- 
tions of  this  order  will  result  in  the  cancellation  of  that  portion  of 
the  permit  allowing  the  sale  of  periodicals,  and  will  restrict  the 


PARKS,    PARKWAYS    AND    PARK-STREETS  397 

offender  in  the  future  to  the  sale  of  daily  publications  only.     No 
news-stand  adjoining  a  grass  plot  shall  exceed  six  (6)  feet  in  length. 

6.  News-stands  on  park  walls  not  adjoining  grass  plots  shall  not 
exceed  ten  (10)  feet  in  length,  nor  shall  any  such  stand  have  a  total 
width  of  more  than  three  (3)  feet.     In  cases  where  the  distance 
between  the  rear  of  such  stands  and  the  nearest  curb  line  is  less  than 
ten  (10)  feet,  such  stands  shall  not  exceed  two  (2)  feet  in  width. 

7.  Stands  not  adjoining  grass  plots  shall  not  exceed  seven  (7) 
feet  in  height. 

8.  Electricity  shall  be  the  only  means  for  night   illumination  of 
news-stands.     The  use  of  any  other  illuminating  material  is  cause 
for  a  revocation  of  the  permit. 

9.  When  news-stands  on  Park  Department  territory  adjoining  car 
tracks  no  part  of  such  stand  parallel  to,  but  not  immediately  ad- 
joining a  protective  railing  shall  exceed  five  feet  in  height.     When 
such  stand  adjoins  a  protective  railing  no  part  of  such  stand,   ad- 
joining such  railing  shall  extend  beyond  the  furtherest  point  of  such 
protective  railing.    No  part  of  any  stand  adjoining  such  protective 
railing  shall  be  more  than  four  and  a  half  (4^)  feet  in  height. 

10.  All  licensees  for  the  sale  of  newspapers  shall  keep  the  park 
walks  in  vicinity  of  the  territory  assigned  to  them,    which   shall 
include  a  radius  of  fifteen  (15)  feet  beyond  each  position  for  the  sale 
of  newspapers  from  the  arm,  and  within  a  radius  of  twenty-five  (25) 
feet  from  the  position  assigned  to  news-stands,  free  from  rubbish 
and  litter  of  all  kinds.  Failure  to  comply  with  this  condition  will 
result,  first,  in  a  suspension  of  the  privilege,  and  on  the  second  offense, 
in  its  cancellation, 

ARTICLE  4 

MISCELLANEOUS 

Sec.  70.  Trees  and  shrubs  in  streets 
§  71.  New  York  Botanical  Garden. 

Sec.  70.  Trees  and  shrubs  in  streets.  1.  Planting. — No  shade  or 
ornamental  tree,  or  shrub,  shall  be  planted  in  any  street  until  a 
permit  has  been  granted  by  the  commissioner  having  jurisdiction. 
No  hole  or  excavation  shall  be  prepared  for  planting  any  tree  or 
shrub,  unless  sufficient  mould  of  satisfactory  quality  shall  be  used, 
and  the  conditions,  such  as  the  absence  of  poisonous  gas  and  dele- 
terious substances,  have  been  made  satisfactory. 

2.  Cutting,  breaking  or  disturbing. — No   stem,    branch  or  leaf  of 
any  such  tree  or  shrub  shall  be  cut,  broken  or  otherwise  disturbed, 
nor  shall  the  root  of  any  such  tree  or  shrub  be  disturbed  or  inter- 
fered with  in  any  way,  by  any  individual  or  any  officer  or  employee 
of  a  public  or  private  corporation,  until  a  permit  shall  have  been 
issued  therefor.    The  surface  of  the  ground  within  three  (3)  feet  of 
any  such  tree  or  shrub,  shall  not  be  cultivated,  fertilized,  paved  or 
given  any  treatment  whatever,  except  under  a  permit. 

3.  Misuse. — No  person  shall  cut,  deface,  mutilate  or  in  any  way 
misuse  any  such  tree  or  shrub,  nor  shall  any  horse  or  other  animal 
be  permitted  to  stand  in  a  manner  or  position  where  it  may  cut, 


398  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

deface  or  mutilate  the  same.  No  building  material,  or  other  material 
or  debris  of  any  kind,  shall  be  piled  or  maintained  against  any  tree  or 
shrub.  No  guy  rope,  cable  or  other  contrivance  shall  be  attached 
to  any  tree  or  shrub,  nor  shall  any  tree  or  shrub  be  used  in  connection 
with  any  banner,  transparency  or  any  business  purpose  whatever, 
except  under  a  permit. 

§  71.  New  York  Botanical  Garden. — All  provisions  of  this  chapter, 
respecting  the  government  of  parks,  shall  be  applicable  to  the  New 
York  Botanical  Garden;  provided  that  in  any  case  in  which  the 
commissioner  is  authorized  to  issue  a  permit  for  the  exercise  of  a 
park  privilege,  the  permit,  if  authorizing  the  exercise  of  such  a 
privilege  in  the  New  York  Botanical  Garden  shall  be  recommended 
or  approved  by  the  Director-in-Chief  of  the  Garden. 

§  72.  Violations. — The  Park  Ordinance  providing  penalties  for 
violations  was  repealed  by  the  Board  of  Aldermen,  August  8,  1916, 
being  rendered  superfluous  by  the  language  of  Section  610  of  the 
Greater  New  York  Charter,  as  follows: 

"Any  person  violating  any  ordinances  relating  to  the  parks  or 
other  property  mentioned  in  this  section  shall  be  guilty  of  a  misde- 
meanor, and  shall  on  conviction  before  a  City  Magistrate,  be  pun- 
ished by  a  fine  not  exceeding  fifty  dollars,  or  in  default  of  payment 
of  such  fine  by  imprisonment  not  exceeding  thirty  days." 

Adopted  March  18,  1921. 


POLICE  AND  FIRE  m  399 

CHAPTER  18 
Police  and  Fire 

Article  1.  Boiler  inspection. 
2.  Uniformed  force. 

ARTICLE  1 

BOILER  INSPECTION 

Sec.  1.  Regulation  of  minor  steam  vessels. 
§  2.  Persons  to  be  licensed  as  engineers. 

Sec.  1.  Regulation  of  minor  steam  vessels. — All  boilers  in  vessels 
now  used  on  the  water  in  and  around  the  city,  not  coming  under 
the  jurisdiction  of  the  United  States  government,  shall  be  under 
the  jurisdiction  of  the  police  department,  which  is  hereby  authorized 
and  empowered  to  test  said  boilers,  and  examine  the  persons  operat- 
ing the  same  as  to  their  qualifications  as  engineers  and  firemen. 
Such  tests  of  boilers,  and  the  examination  of  persons  operating  the 
same,  shall  be  conducted  in  accordance  with  such  provisions  of  the 
charter  and  laws  of  the  State  of  New  York  as  are  applicable  to  boilers 
operated  on  land.  (C.  O.,  §  563.) 

§  2.  Persons  to  be  licensed  as  engineers. — No  person  shall  take 
charge  of  or  operate  any  ice  machine  or  gas  compressor  of  thirty  tons 
or  greater  capacity,  nor  any  machine  for  hoisting  purposes  or  cable- 
ways,  irrespective  of  motive  power,  used  for  construction  work, 
unless  such  person  is  duly  licensed  as  an  engineer,  in  accordance  with 
the  provisions  of  §  342  of  the  Greater  New  York  Charter  and  such 
Laws  of  the  State  as  may  be  applicable  thereto.  Any  person 
who  shall  assume,  charge  or  act  as  engineer  in  contravention  of  any 
provisions  of  this  section  shall  be  fined  in  a  sum  not  to  exceed  $25  or 
by  imprisonment  not  to  exceed  25  days,  or  by  both  such  fine  and 
imprisonment.  All  fines  imposed  and  fees  collected  hereunder  shall 
be  credited  to  the  pension  fund  of  the  Police  Department. 

Adopted  March  8,  1921. 
Approved  March  18,  1921. 

ARTICLE  2 

UNIFORMED  FORCE 

Sec.  5.  Members,  dismissed  or  reduced;  hearing  or  rehearing  of 
charges  or  causes  therefor. 

Sec.  5.  Members,  dismissed  or  reduced;  hearing  or  rehearing  of  charges 
or  causes  therefor. — When  a  member  of  the  police  department  or  the 
fire  department  shall  have  been  dismissed  or  reduced,  after  trial  by 
the  police  Commissioner  or  the  fire  Commissioner,  as  the  case  may 
!>••,  from  the  position  or  rank  theretofore  held  by  him,  or  when  a 


400  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

• 

probationary  member  of  the  police  department  or  the  fire  depart- 
ment shall  have  been  dismissed,  the  person  aggrieved  may  make 
written  application  to  the  mayor  setting  forth  the  reasons  for  de- 
manding a  hearing  or  rehearing  of  the  charges  or  causes  upon  which 
he  was  dismissed  or  reduced,  and  provided  that  such  dismissed  or 
reduced  member  or  probationary  member  shall  waive  in  writing  all 
claim  againsc  the  city  for  back  pay,  the  mayor  may,  in  writing,  con- 
sent to  such  hearing  or  rehearing,  stating  the  reasons  why  such 
charges  should  be  heard  or  reheard.  Such  application  for  a  hearing 
or  rehearing  shall  be  made  within  one  year  after  this  ordinance  takes 
effect,  or  within  one  year  from  the  date  of  the  dismissal  or  reduction, 
if  such  dismissal  or  reduction  occurs  after  this  ordinance  takes  effect. 
Such  hearing  or  rehearing  shall  be  had  before  the  police  commissioner 
if  the  applicant  was  a  member  or  probationary  member  of  the  police 
department,  and  before  the  fire  commissioner  if  the  applicant  was  a 
member  or  probationary  member  of  the  fire  department,  and  if  such 
commissioner,  as  the  case  may  be,  shall  determine  that  such  member 
or  probationary  member  has  been  illegally  or  unjustly  dismissed  or 
reduced  from  his  position  or  rank,  such  commissioner,  as  the  case 
may  be,  may  restore  him  to  the  position  or  rank  from  which  he  was 
dismissed  or  reduced  and  allow  him  the  whole  of  the  time  since  any 
such  dismissal  or  reduction  to  be  applied  on  his  time  of  service  in 
his  department,  or  for  such  other  and  further  relief  as  such  com- 
missioner, as  the  case  may  be,  may  determine  just,  or  affirm  the 
dismissal  or  reduction  as  he  may  determine  from  the  e^  idence.  If 
the  applicant  be  a  probationary  member  of  the  police  or  the  fire 
department,  the  commissioner,  as  the  case  may  be,  may  allow  him 
the  time  already  served  as  a  probationary  member  to  count  as  time 
served,  but  shall  not  allow  the  time  between  the  date  of  his  dismissal 
and  his  restoration  to  count  as  service  in  his  department. 
Adopted  July  16,  1918.  Approved  July  26,  1918. 


RAILROADS  401 

CHAPTER  19 

Railroads 

Article  1.  Elevated  railroads. 

2.  Street  railroads. 

3.  Trunk  line  railroads. 

The  creation  of  the  Public  Service  Commission  by  the  Legislature,  took  from  the 
Board  of  Aldermen  many  powers  formerly  exercised  by  them,  and  many  of  the 
former  ordinances  were  repealed  by  this  revision.  Where  the  Public  Service  Com- 
mission had  fixed  a  15  minute  interval  for  running  street-cars,  an  ordinance  chang- 
ing that  to  10  minutes  was  not  valid.  City  of  Troy  v.  United  Traction  Co.,  134  App. 
Div.  756,  aff'd,  202  N.  Y.  333. 

Ordinances  must  be  reasonable  and  evidence  should  be  received,  when  offered, 
to  show  them  unreasonable.  Mayor,  etc.,  v.  Dry  Dock  East  Broadway  R.  R.  Co., 
133  N.  Y.  104.  See  Mayor  v.  N.  Y.  Harlem  R.  Co.,  10  Misc.  417.  Where  fenders 
were  required  on  the  front  platforms  of  Brooklyn  cars,  held  to  be  unreasonable. 
City  of  Brooklyn  v.  Nassau  Electric  Co.,  38  App.  Div.  365. 

Unreasonable  to  require  conductor  as  well  as  driver  for  care  of  car.  Brooklyn 
Crosstown  R.  Co.  v.  City  of  Brooklyn,  37  Hun,  413. 

ARTICLE  1 

ELEVATED  RAILROADS 

Sec.  1.  Protection  of  streets  below  structures. 

§  2.  Receptacles  for  expectorations. 

§  3.  Violations. 

§  4.  Passengers  riding  on  rear  end  platforms. 

Sec.  1.  Protection  of  streets*below  structures. — No  officer,  agent  or 
employee  of  any  elevated  railroad  shall  permit  any  oil,  grease,  water, 
coals,  scraps  of  iron,  tools,  or  other  liquid  or  solid  substances,  to 
fall  or  be  dropped  or  be  thrown  from  any  engine,  car,  track,  depot, 
structure,  or  other  part  or  portion  of  an  elevated  railroad,  into  or 
upon  any  street  or  public  place. 

§  2.  Receptacles  for  expectorations. — All  elevated  railroad  com- 
panies or  other  companies  operating  elevated  railroads  in  the  city 
shall,  within  two  months  from  the  date  of  the  passage  of  this  ordi- 
nance, provide  proper  receptacles  for  expectorations  on  all  the  ele- 
vated railroad  stations  and  properly  keep  and  maintain  same,  and 
that  for  a  violation  of  this  section  each  elevated  railroad  company 
or  other  company  operating  such  railroads  shall  be  liable  to  a  penalty 
of  not  less  than  $10  for  each  day  of  such  violation,  and  the  action 
to  recover  such  penalty  shall  be  brought  in  the  name  of  the  city  of 
New  York.  (Ord.  Aug.  8, 1916.) 

§  3.  Violations. — Any  person  being  the  president,  superintendent, 
or  a  director  or  other  officer,  or  employee  of  an  elevated  railroad  com- 
pany who  shall  violate  any  provision  of  this  article  except  §  2  thereof, 
shall,  upon  conviction  therefor,  be  punished  by  a  fine  of  not  more 
than  $50,  or  by  imprisonment  for  not  exceeding  30  days,  or  by  both 
such  fine  and  imprisonment. 

Many  of  the  old  ordinances  have  been  dropped  from  this  code  as  being  super- 
seded by  the  Public  Service  Commission. 

§  4.  Passengers  riding  on  rear-end  platforms  of  trains. — No  pas- 
senger on  any  elevated  railroad  train,  whether  operated  over,  upon 


402  CODE  OP  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 

or  under  the  surface,  in  the  City  of  New  York,  shall  ride  on  the  rear 
platform  of  the  rear  car,  where  such  rear  platform  is  not  enclosed  by 
vestibule.  Provided,  however,  that  the  term  "passenger"  shall  not 
include,  or  be  construed  to  include,  any  officer,  agent  or  employee 
of  such  elevated  railroad,  or  any  public  officer  or  public  employee, 
whose  duties  may  require  the  riding  on  any  such  rear  platform.  Any 
person  who  shall  violate  any  provision  of  this  section  shall,  upon 
conviction  therefor,  be  punished  by  a  fine  of  not  more  than  $10,  or 
by  imprisonment  for  not  exceeding  10  days,  or  by  both  such  fine  and 
imprisonment. 
Adopted  November  12,  1918.  Approved  November  19,  1918. 

ARTICLE  2 

STREET  RAILROADS 

Sec.  10.  Head-lights.^ 
§  11.  Licenses. 
§  12.  Transfers. 

Sec.  10.  Head-lights— Each  railroad  company  whose  cars  are 
propelled  or  driven  within  the  limits  of  the  borough  of  Manhattan 
shall  provide  every  passenger  car,  baggage  car,  freight  car,  or  other 
vehicle,  operated  by  said  company  upon  their  tracks  or  track  of  other 
companies  used  by  them,  with  a  good  light  or  lantern,  which  shall 
be  placed  in  a  conspicuous  position  on  the  front  of  the  car,  be- 
tween sunset  and  sunrise  of  each  day.  Any  such  company  which 
shall  refuse  or  neglect  to  conform  to  the  provisions  of  this  sec- 
tion shall  be  subject  to  a  penalty  of  $100  for  each  and  every  trip, 
or  part  of  a  trip,  made  by  a  car  that  is  not  provided  with  the  re- 
quired light. 

§  11.  Licenses.  1.  Manhattan. — For  each  passenger  railroad  car 
running  in  the  borough  of  Manhattan,  there  shall  be  paid  into  the 
city  treasury  the  sum  of  $50  annually  for  a  license;  except  the  one- 
horse  passenger  cars,  and  the  cars  of  the  Ninth  Avenue  Railroad 
Company,  which  shall  each  pay  the  sum  of  $25  annually  for  said 
license  as  aforesaid,  and  except  such  as  pay  the  sum  of  3  per  cent, 
or  over  on  their  gross  receipts,  or  where  the  franchise  has  been  sold 
at  public  sale  to  the  highest  bidder. 

2.  Brooklyn.    The  amount  to  be  paid  to  the  city  by  the  railroad 
companies  in  the  borough  of  Brooklyn,  for  the  privilege  of  running 
their  cars,  shall  be  calculated  on  the  average  number  of  cars  running 
annually  on  each  route  respectively,  excluding  the  extra  cars  run 
on  holidays. 

3.  Long  Island  City.    For  every  street  or  surface  car,  operated 
within  the  limits  of  that  section  of  the  city  formerly  known  as  Long 
Island  City,  there  shall  be  paid  to  the  Comptroller  a  license  fee  of 
$15.    (C.  O.,  §§  5&-5S,  Manh.  Ords.) 

As  to  small  one-horse  cars,  see  Mayor,  etc.,  N.  Y.  C.  v.  Twenty-third  St.  R 
Co.,  62  Hun,  545.  Where  a  license  was  required  for  horse  cars  from  a  companj 
which  was  liable  to  pay  license  fees  by  the  terms  of  its  charter,  held  valid.  Mayor 
etc.,  of  N.  Y.  v.  Broadway  and  Seventh  Ave.  R.  R.  Co.,  97  N.  Y.  275,  dist'g  Mayoi 
v.  Second  Ave.,  32  N.  Y.  261,  and  Mayor  v.  Third  Ave.,  33  N.  Y.  42.  As  to  liability 
of  Eighth  Avenue  Railroad  to  pay  license  fees  for  cars  according  to  its  agreement 


RAILROADS  403 

with  the  city,  see  Mayor,  etc.,  of  N.  Y.  v.  Eighth  Ave.  R.  R.  Co.,  118  N.  Y.  389. 
Coach,  as  used  in  the  old  ordinance,  must  be  reasonably  interpreted  to  include 
cars  now.  Mayor,  etc.,  of  N.  Y.  v.  Third  Ave.  R.  R.  Co.,  117  N.  Y.  404,  and  where 
the  license  is  required  of  every  coach  it  must  be  paid  by  every  car,  no  matter  what 
may  be  the  mode  of  propulsion.  City  of  N.  Y.  v.  Third  Ave.  R.  R.,  Greenbaum,  J., 
N.  Y.  Law  Journal,  Feb.  25,  1904.  In  construing  an  old  statute  the  practical  con- 
struction in  effect  for  years  will  be  considered  where  there  is  ambiguity.  City  of 
N.  Y.  v.  N.  Y.  City  Ry.  Co.,  193  N.  Y.  543;  124  App.  Div.  936  (3  cases),  aff'd. 
Also  see  193  N.  Y.  679,  680,  affirming  cases  in  126  App.  Div.  36,  39,  42.  City  of 
N.  Y.  v.  N.  Y.  City  Ry.  Co.,  No.  1,  138  App.  Div.  131. 

§  12.  Transfers. — Every  car  owned,  operated,  managed  or  con- 
trolled by  a  street  surface  or  elevated  railroad  company  in  the  streets 
or  highways  of  the  city  shall  carry  throughout  its  route  on  the  out- 
side, in  front  and  on  top  of  each  and  every  car  so  operated,  a  sign- 
board or  placard,  upon  which  shall  appear  conspicuously  the  destina- 
tion of  the  said  car.  Every  such  company  shall  carry  for  a  single  fare 
upon  such  car,  without  change  therefrom,  each  and  every  passenger 
to  any  regular  stopping  place  desired  by  him,  upon  said  car's  route, 
in  the  direction  of  the  destination  so  designated;  and  for  every  viola- 
tion of  this  section  the  company  so  offending  shall  be  liable  to  a 
penalty  in  the  sum  of  $100,  recoverable  in  an  action  to  be  brought  in 
the  name  of  The  City  of  New  York;  but  this  section  shall  not  apply 
to  a  transfer  made  to  a  connecting  line  going  in  a  different  direction 
from  that  in  which  such  car  may  be  going,  nor  where  by  reason  of  any 
accident  compliance  with  this  section  is  rendered  impossible. 

Amended  February  11,  1919.    Approved  February  20,  1919. 

This  is  the  so-called  "car-ahead"  ordinance.  Held  within  the  powers  conferred 
on  the  Board  of  Aldermen  and  that  State  Railroad  Act  was  not  intended  to  deprive 
city  authorities  from  regulating  similar  matters  within  precincts  of  the  city.  City 
of  New  York  v.  Interurban  Street  Ry.  Co.,  86  N.  Y.  Supp.  673,  43  Misc.  29.  See 
also  City  of  New  York  v.  N.  Y.  &  Queens  Co.  R.  R.  Co.,  89  App.  Div.  442. 


ARTICLE  3 

TRUNK-LINE  RAILROADS 

Sec.  30.  Park  avenue  tunnel. 
§  31.  Long  Island  railroad. 
§  32.  Grade  crossings. 
§  33.  Obstruction  of  streets. 
§  34.  Violations. 

Sec.  30.  Park  Avenue  tunnel;  Manhattan. — No  railroad  company  or 
companies  using  any  tunnel  in  Park  avenue,  in  the  borough  of 
Manhattan,  nor  any  manager,  employee  or  servant  of  such  company 
shall  permit  bituminous  coal  smoke  to  escape  from  any  locomotive 
while  in  or  running  through  said  tunnel.  (§  70,  Manh.  Ords.) 

§  31.  Long  Island  railroad. — No  freight  or  passenger  car  detached 
from  an  engine  of  the  Long  Island  railroad  company  shall  remain 
longer  than  10  minutes  in  any  public  street.  Bituminous  coal  shall 
not  be  used  on  any  engine  running  upon  said  railroad.  Whenever 
platforms  are  placed  in  the  streets  for  accommodation  of  passengers, 
the  said  company  shall  at  its  own  expense  keep  the  entire  street 
|tatw«ttl  the  platform  and  the  curb  in  a  cleanly  and  passable  condi- 
tion. This  shall  be  construed  to  apply  to  each  station  and  each 


404  CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

glatform  wherever  erected  by  said  company  within  the  city.    (§  70, 
rookl.  Ords.  revised.) 

§  32.  Grade  crossings.  1.  The  Bronx. — Every  person,  company  or 
corporation,  operating  or  controlling  any  railroad  in  the  borough  of 
The  Bronx,  upon  which  cars  are  drawn  by  locomotive  engines,  other 
than  those  known  as  "  dummies,"  shall  erect  and  maintain  suitable 
and  substantial  gates  or  doors  on  either  side  of  said  railroad,  at  every 
point  in  said  borough  at  which  its  road  or  tracks  cross  any  public 
street,  at  the  grade  thereof.  Such  gates  or  doors  shall  be  kept  well 
painted  and  in  good  repair,  and  shall  be  attended  at  all  times  during 
the  approach  and  passage  of  cars  or  trains  by  sober,  careful  and 
experienced  men,  whose  duty  it  shall  be  to*  keep  the  tracks  clear  of  all 
horses,  cattle  and  vehicles,  to  warn  all  the  persons  against  crossing 
said  tracks  during  the  approach  of  any  train,  locomotive  or  car,  and 
to  close  said  gates  or  doors  at  least  one  minute  before  the  passage  of 
any  locomotive,  engine  or  car  over  said  public  street.  No  person, 
company  or  corporation,  operating  or  controlling  any  railroad  in  the 
borough  of  The  Bronx,  shall  run  or  allow  to  be  run  any  locomotive  or 
locomotive  and  tender  without  cars  across  any  public  street  in  said 
borough,  unless  the  gates  or  doors  at  such  crossing  are  closed  or 
down.  (§§  67,  68,  Manh.  Ords.) 

2.  Brooklyn.    At  each  street  crossing  between  Linwood  street  and 
Flatbush  avenue,  in  the  borough  of  Brooklyn,  men  shall  be  con- 
stantly stationed,  at  all  hours  of  the  night  and  day  when  trains  are  in 
motion,  and  all  crosswalks  between  such  street  crossings  shall  be 
properly  guarded  by  strong,  heavy  gates  at  least  20  feet  in  width,  at 
each  street  crossing,  which  shall  be  closed  before  the  passage  of  any 
engine  or  train.    (§  70,  Brookl.  Ords.) 

3.  Disregard  of  closed  gates.    No  person  shall  attempt  to  cross  the 
tracks  of  any  railroad  at  any  street  crossing,  while  the  gates  for  the 
protection  of  such  crossings  are  closed,  or  being  closed,  and  the  police 
shall  arrest  any  person  so  offending.     (§  29,  Brookl.  Ords.) 

§  33.  Obstruction  of  streets. — No  train  of  cars,  nor  any  part  thereof, 
including  the  locomotive  and  tender,  shall  remain  or  be  left  across 
or  upon  any  street  or  sidewalk,  so  as  to  obstruct  or  prevent  free 
travel  along  the  same  for  a  longer  period  than  5  minutes,  during  any 
period  or  during  any  hour,  unless  the  same  shall  be  unavoidable. 

§  34.  Violations. — Any  railroad,  or  the  manager  or  any  agent  or 
employee  thereof,  who  shall  violate  any  provision  of  this  article,  or 
who  shall  permit  the  same  to  be  violated  shall  be  liable  to  a  penalty 
of  $100.  Any  person  who  shall  violate  the  provisions  of  subdivision  3 
of  §  32  of  this  article  shall,  upon  conviction  thereof,  be  punished  as 
provided  in  §  10  of  chapter  27  of  this  ordinance. 


SANITARY  CODE  405 

CHAPTER  20 
The  Sanitary  Code 

Article    1.  Definitions. 

2.  Animals. 

3.  Births,  marriages  and  deaths. 

4.  Buildings. 

5.  Cold  storage. 

6.  Coroners. 

7.  Diseases. 

8.  Drugs  and  medicines. 

9.  Food  and  drink. 

10.  General  provisions. 

11.  Midwifery  and  care  of  children. 

12.  Miscellaneous  provisions. 

13.  Offensive  materials. 

14.  Plumbing,  drainage,  ventilation  and  sewage. 

15.  Passenger  cars. 

16.  Street  conditions. 

17.  Trades,  occupations  and  businesses. 

18.  Vessels  and  seamen. 

NOTES.  By  L.  1904.  ch.  628,  sec.  3,  the  Sanitary  Code  in  force  on 
May  1.  1904,  was  made  a  chapter  of  the  Code  of  Ordinances  of  the 
City  ol  New  York,  and  while  the  Board  of  Health  has  sole  power  to 
pass  the  Sanitary  Code,  all  provisions  relating  thereto  must  be  filed 
with  the  City  Clerk  and  do  not  become  effective  until  they  are  filed 
with  the  City  Clerk,  §  1172,  Charter. 

Penalties. — The  usual  remedy  for  a  violation  of  a  provision  in  the 
Sanitary  Code  is  a  suit  to  recover  a  penalty  of  fifty  dollars  under 
Laws  1897,  chapter  378,  sec.  1172.  The  revised  charter,  L.  1901, 
ch.  466,  sec.  1172,  continued  this  provision  in  force.  By  the  same 
sections  any  violation  of  the  Sanitary  Code  may  be  treated  and 
punished  as  a  misdemeanor.  The  penalty  for  violating  an  order  of 
the  Department  of  Health  is  $250,  and  the  wilful  refusal  is  a  misde- 
meanor. L.  1901,  ch.  466,  sec.  1262.  All  suits  must  be  brought  in 
name  of  the  "  Dept.  of  Health  of  The  City  of  New  York."  L.  1901, 
ch.  466,  sec.  1192.  Permission  granted  by  an  inspector  without 
authority  will  not  excuse  a  violation.  N.  Y.  Health  v.  Hannon, 
4  Misc.  602. 

There  may  be  prescribed  for  the  same  offense  a  civil  remedy  as 
well  as  a  criminal  remedy.  People  v.  Meakins,  133  N.  Y.J214;  City 
N.  Y.  v.  Alhambra,  136  App.  Div.  509;  People  v,  Snyder,  90  App. 
Div.  422. 

Police  power. — It  is  well  settled  in  this  and  other  States  that  the 
Legislature  has  the  power  to  delegate  to  municipal  authorities  the 
right  to  pass  ordinances  to  promote  the  public  health  and  safety. 
Polinsky  v.  People,  73  N.  Y.  65.  Cases  cited  in  Ford  y.  N.  Y.  Cen- 
tral R.  R.  Co.,  33  App.  Div.  at  p.  478.  As  to  the  police  powers  in 


406  CODE  OP  ORDINANCES  OF  THE  CITY  OP  NEW  YORK 

general,  see  Matter  of  Jacobs,  98  N.  Y.  98,  and  Health  Dept.  v. 
Rector,  etc..  Trinity  Church,  145  N.  Y.  32;  Cronin  v.  People,  82 
N.  Y.  318;  People  ex  rel.  Knoblanch  v.  Warden,  216  N.  Y.  162;  City  of 
Rochester  v.  McCanley-Fien  N.  Co.,  179  N.  Y.  207;  People  v.  Hugh 
Jones,  164  App.  Div.  894. 

The  power  to  pass  ordinances  to  regulate  the  preservation  of  the 
public  health  is  vested  in  the  Board  of  Aldermen  by  the  Revised 
Charter,  L.  1901,  ch.  466,  sec.  43.  Also  discussion  of  constitutional 
question  in  Tenement  House  Dept.  of  N.  Y.  City  v.  Moeschen, 
179  N.  Y.  325.  Also  see  Met.  Board  of  Health  v.  Heister,  37  N.  Y. 
661;  People  ex  rel.  Cox  v.  Special  Sessions,  7  Hun,  214;  Health  Dept. 
v.  Knoll,  70  N.  Y.  530.  For  powers  granted  to  Department  of 
Health,  see  Chapter  XIX,  L.  1901,  ch.  466.  The  Sanitary  Code  has 
legislative  sanction.  People  ex  rel.  Lieberman  v.  Vandecarr,  175 
N.  Y.  440,  aff'd  199  U.  S.  552;  Vird  v.  Grout,  106  App.  Div.  159. 

See  also  general  notes  after  §  362,  infra. 


ARTICLE  1 

DEFINITIONS 

Sec.  1.  Definitions. — Unless  otherwise  expressly  stated,  wherever 
used  in  the  Sanitary  Code,  the  following  terms  shall  be  taken  to 
mean  and  include: 

"Ashes":  cinders,  coal,  and  every  other  substance  which  is  left 
unconsumed  by  fire  in  stoves,  furnaces,  ranges,  fire-pots,  fire-places, 
and  other  such  places. 

§  2.  "Bakeries":  all  buildings,  rooms,  or  places  used  or  occupied 
for  the  purpose  of  making,  preparing,  or  baking  bread,  biscuits, 
pastry,  cake,  doughnuts,  crullers,  noodles,  macaroni,  or  spaghetti, 
to  be  sold  or  consumed  on  or  off  the  premises,  except  kitchens  in 
hotels,  restaurants,  boarding-houses,  or  private  residences  wherein 
such  products  are  prepared  to  be  used  and  are  used  exclusively  on 
the  premises. 

§  3.  "Board"  and  "said  Board":  the  Board  of  Health  of  the  De- 
partment of  Health  of  the  City  of  New  York. 

§  4.  "Boarding-house":  every  building  or  part  thereof  other  than 
a  hotel,  inn,  or  lodging-house,  wherein  meals  or  lodging,  or  both, 
may  be  obtained  for  hire  (customarily  by  the  week). 

§5.  "Butcher":  whoever  is  engaged  in  the  business  of  keeping, 
driving,  or  slaughtering  cattle,  or  in  selling  any  meat. 

§6.  "Cattle":  all  animals,  except  birds,  fowl,  and  fish,  of  which 
any  part  of  the  body  is  used  as  food. 

§  7.  "Cellar":  every  basement  or  lower  story  of  any  building  or 
house  of  which  said  basement  or  lower  story  one-half  or  more  of  the 
height  from  the  floor  to  the  ceiling  is  below  the  level  of  the  street 
adjoining,  or  the  surface  of  the  adjacent  yard,  court,  or  ground. 

§  8.  "  Department ":  the  Department  of  Health  of  the  City  of  New 
York. 

§9.  "Dirt":  natural  soil,  earth,  gravel,  sand,  and  loose  pieces  of 
broken  stone. 

§  10.  "Factory"    and    "manufactory":    any    mill,    workshop,    or 


SANITARY  CODE  407 

other  manufacturing  or  business  establishment,  and  all  buildings, 
shops,  and  structures,  or  other  places  used  therefor  or  in  connection 
therewith,  where  one  or  more  persons  are  employed  at  labor. 

§11.  "Fish":  every  part  of  any  animal  that  lives  in  water  or  the 
flesh  of  which  is  not  meat. 

§  12.  "Food":  all  substances,  except  drugs,  used  or  intended  to  be 
used  for  human  consumption,  including  meat,  fish,  vegetables, 
drink,  confections,  and  condiments,  whether  simple,  mixed,  or  com- 
pound. 

§  13.  "Garbage":  swill  and  every  accumulation  of  both  animal 
and  vegetable  matter,  liquid  or  otherwise,  that  attends  the  prepara- 
tion, decay,  and  dealing  in,  or  storage  of,  meats,  fish,  fowls,  birds, 
or  vegetables. 

§  14.  "Infectious  disease":  all  diseases  of  a  communicable,  con- 
tagious, or  pestilential  nature. 

§  15.  "Light"  or  "lighted":  natural,  external  light. 

§  16.  "Lodging-house":  any  house  or  building  or  portion  thereof, 
in  which  persons  are  harbored,  or  received,  or  lodged,  for  hire  for  a 
single  night,  or  for  less  than  a  week  at  one  time,  or  any  part  of  which 
is  let  for  any  person  to  sleep  in,  for  any  term  less  than  a  week. 

§  17.  "Meat":  every  part  of  any  land  animal,  and  eggs  (whether 
mixed  or  not  with  any  other  substance). 

§  18.  "Permit":  the  permission  in  writing  of  the  Board  of  Health, 
issued  according  to  the  provisions  of  this  Code,  of  any  statute,  or 
of  the  Regulations  of  the  Board  of  Health. 

§  19.  "Person":  every  individual,  corporation,  firm,  and  joint- 
stock  association. 

§  20.  "Physician":  every  person  who  holds  himself  out  as  being 
able  to  diagnose,  treat,  operate,  or  prescribe  for  any  human  disease, 
pain,  injury  deformity,  or  physical  condition,  and  who  shall  either 
offer  or  undertake  by  any  means  or  method,  to  diagnose,  treat, 
operate,  or  prescribe  for  any  human  disease,  pain,  injury,  deformity, 
or  physical  condition. 

§21.  "Private  market":  every  store,  cellar,  stand,  and  place 
(not  being  a  part  of  a  public  market),  at  or  in  which  meat,  fish,  or 
vegetables  is  or  are  bought,  sold,  or  kept  for  sale. 

§  22.  "Public  laundry":  any  place  where  articles  are  laundered  for 
the  general  public  for  hire. 

§  23.  "Public  place":  every  street  (as  hereinafter  defined),  park, 
pier,  dock  and  wharf,  and  every  open  space  therewith  connected; 
all  waters  within  the  jurisdiction  of  the  City  of  New  York;  every 
public  yard,  ground,  and  area;  every  space  open  to  the  public  be- 
tween a  building  and  the  street,  between  buildings,  ana  between 
streets;  all  places  of  public  assemblage,  including  every  place  of 
public  worship,  amusement,  entertainment,  or  instruction,  and  every 
place  where  an  appreciable  number  of  persons  gather  for  any  purpose 
whatever,  and  every  public  room  or  space  connected  with,  and 
every  means  of  entrance  to  or  exit  from,  any  of  the  said  places;  all 
places  and  premises  where  goods,  wares,  and  merchandise  are  sold 
or  offered  for  sale,  including  all  public  rooms  or  places  therewith 
connected;  every  railroad  car,  and  every  other  public  vehicle;  every 
railroad  depot,  station,  and  platform,  and  every  public  room  or 
space  connected  therewith,  and  every  stairway  and  other  means 


408  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

of  entrance  thereto  or  exit  therefrom;  every  ferryboat  and  ferry- 
house  and  every  public  room  or  space  connected  with,  and  every 
means  of  entrance  to  or  exit  from,  such  ferry-house. 

§  24.  "Refuse":  waste  material  other  than  rubbish,  ashes,  or  gar- 
bage, that  attends  use  or  decay  and  accumulation  from  the  occu- 
pancy of  buildings  or  premises. 

§  25.  "Report":  a  report  in  writing,  signed  by  the  person  who 
makes  the  same  and  indicating  his  official  position,  if  any  such  posi- 
tion be  held. 

§  26.  "Rubbish":  solid  waste  material  accumulating  or  resulting 
from  the  use  or  occupancy  of  buildings  or  premises,  such  as  paper, 
straw,  excelsior,  rags,  bottles,  old  clothes,  old  shoes,  tin  cans,  and 
other  materials  of  a  similar  character. 

§  27.  "Saloon" ':  every  portion  of  any  building  in  which  the  busi- 
ness of  selling  meals,  liquors,  drinks,  or  refreshments  of  any  kind, 
shall  be  conducted,  including  "concert  saloons." 

§  28.  "Stable":  every  building  or  portion  thereof  in  which  any 
horse,  cattle,  or  other  animal  shall  be  kept. 

§29.  "Streets":  avenues,  public  highways,  sidewalks,  gutters, 
and  public  alleys,  lanes,  and  paths. 

§  30.  "Theatre":  the  building,  room,  and  place,  where  any  play, 
concert,  opera,  circus,  trick  or  jugglery  show,  gymnastic  or  other 
exhibition,  masquerade,  public  dance,  or  other  public  gathering, 
drill,  lecture,  address,  or  other  form  of  public  entertainment,  amuse- 
ment, or  instruction  are,  is  or  may  be,  held,  given,  furnished,  per- 
formed, or  take  place,  and  every  public  room  or  space  connected 
with,  and  every  means  of  entrance  to  or  exit  from,  any  such  place. 

§  31.  "Vegetable":  every  article  used  for  human  consumption  as 
food,  other  than  meat,  fish,  or  milk. 

§  32.  "Day  Nursery":  a  place  where  more  than  three  children  are 
received,  kept,  and  cared  for  during  the  daytime.  (As  amended  by 
the  Board  of  Health,  June  30,  1915.) 

§33.  "Milk":  the  whole,  fresh,  clean,  lacteal  secretion  obtained 
by  the  complete  milking  of  one  or  more  healthy  cows,  properly  fed 
and  kept,  excluding  that  obtained  fifteen  days  before  and  five  days 
after  calving,  or  such  longer  period  as  may  be  necessary  to  render 
the  milk  practically  colostrum-free. 

§  34.  "Skimmed-milk":  is  clean,  pure,  healthy,  wholesome  and  un- 
adulterated milk,  from  which  substantially  all  milk  fat  has  been 
removed. 

§  35.  "Cream":  is  that  portion  of  clean,  pure,  healthy,  wholesome 
and  unadulterated  milk,  rich  in  milk  fat,  which  rises  to  the  surface 
of  milk  on  standing  or  is  separated  from  it  by  centrifugal  force. 

§  36.  "Condensed,  milk,  evaporated  milk,  or  concentrated  milk":  is 
the  product  resulting  from  the  evaporation  of  a  considerable  portion 
of  the  water  from  clean,  pure,  healthy,  wholesome  and  unadulterated 
milk. 

§  37.  "Sweetened  condensed  milk,  sweetened  evaporated  milk,  or 
sweetened  concentrated  milk":  is  the  product  resulting  from  the 
evaporation  of  a  considerable  portion  of  water  from  clean,  pure, 
healthy,  wholesome  and  unadulterated  milk,  to  which  sugar  (sucrose) 
has  been  added. 

§  38.  "Condensed  skimmed-milk,  evaporated  skimmed-mUk,  or  con- 


SANITARY  CODE  409 

centrated  skimmed-milk":  is  the  product  resulting  from  the  evapora- 
tion of  a  considerable  portion  of  water  from  clean,  pure,  healthy, 
wholesome  and  unadulterated  skimmed-milk. 

§  39.  "Sweetened  condensed  skimmed-milk,  evaporated  condensed 
skimmed-milk,  or  concentrated  condensed  skimmed-milk":  is  the 
product  resulting  from  the  evaporation  of  a  considerable  portion  of 
water  from  clean,  pure,  healthy,  wholesome  and  unadulterated 
skimmed-milk,  to  which  sugar  (sucrose)  has  been  added. 

§  40.  "Dried-milk":  is  the  product  resulting  from  the  removal  of 
the  water  from  clean,  pure,  healthy,  wholesome  and  unadulterated 
milk. 

§41.  " Dried-skimmed-milk" :  is  the  product  resulting  from  the  re- 
moval of  the  water  from  clean,  pure,  healthy,  wholesome  and  un- 
adulterated skimmed-milk. 

§  42.  " Modified-milk" :  is  clean,  pure,  healthy,  wholesome  and  un- 
adulterated muk,  which  has  been  changed  by  the  addition  of  water, 
sugar-of-milk,  or  other  substance  intended  to  render  the  milk  suit- 
able for  infant  feeding. 

§  43.  " Reconstituted-mHk" :  is  a  product  which  is  mechanically  and 
exclusively  made  from  milk  solids  not  fat,  milk  fats  containing  all 
the  properties  of  milk  fats  in  milk,  and  water,  in  appropriate  propor- 
tions and  having  all  the  recognized  characteristics  of  milk. 

§44.  " Reconstituted-cream" :  is  a  product  which  is  mechanically 
and  exclusively  made  from  milk  solids  not  fat,  milk  fats  containing 
all  the  properties  of  milk  fats  in  milk,  and  water,  in  appropriate 
proportions  and  having  all  the  recognized  characteristics  of  cream. 

§  45.  "Buttermilk":  is  the  product  that  remains  when  butter  is 
removed  from  clean,  pure,  healthy,  wholesome  and  unadulterated 
milk  or  cream  in  the  process  of  churning. 

§  46.  Malted-milk":  is  the  product  made  by  combining  clean,  pure, 
healthy,  wholesome  and  unadulterated  milk  with  the  liquid  sep- 
arated from  a  mash  of  ground  barley,  malt  and  wheat  flour,  with  or 
without  the  addition  of  sodium  chloride,  sodium  bicarbonate  and 
potassium  bicarbonate,  in  such  manner  as  to  secure  the  full  enzymic 
action  of  the  malt  extract  and  by  removing  water. 

§47.  "Pestilential  Disease":  shall  be  deemed  to  include  the  con- 
ditions and  symptoms  resulting  from  the  habitual  use  of  habit- 
forming  drugs,  and  known  as  drug  addiction. 

As  amended  by  the  Board  of  Health,  June  22nd,  1919. 

ARTICLE  2 

ANIMALS 

Sec.  2.  Glanders,  farcy,  and  other  contagious  diseases;  duty  of 
veterinary  surgeon  to  report. 

§  3.  Glanders,  farcy,  and  other  contagious  diseases;  animals 
suffering  therefrom  not  to  be  retained  or  exposed;  destruc- 
tion authorized. 

§  4.  Animals  suffering  from  or  exposed  to  contagious  disease  not 
to  be  brought  into  or  kept  in  city. 

§  5.  Animal  injured  or  diseased  beyond  recovery  and  abandoned, 
to  be  destroyed. 


410  CODE   OF  ORDINANCES  OF  THE   CITY   OF  NEW   YORK 

§  6.  Animals  injured  or  diseased  past  recovery,  dead,  or  affected 
with  an  infectious  or  contagious  disease  to  be  reported 
and  removed. 

§  7.  Dead,  sick,  or  injured  animals;  interference  by  unauthor- 
ized persons  prohibited. 
§    8.  Dead,  sick,  or  injured  animals;  conditions  dangerous  to  life 

or  detrimental  to  health  prohibited. 
§    9.  Dead  horses;  to  be  tagged  before  placing  in  street. 
§  10.  Rabid  and  vicious  animals,  Department  of  Health  to  be 

notified;  destruction  authorized;  removal  regulated. 
§  11.  Horses,  cattle,  swine,  sheep,  geese,  and  goats;  not  to  be  kept 

or  yarded  without  a  permit. 
§  12.  Keeping  of  cows  regulated. 
§  13.  Tuberculin  test  of  cows;  certificate. 
§  14.  Cattle;  adequate  ventilation,  proper  food  and  water,  to  be 

provided. 

§  15.  Cattle;  method  of  transporting  in  vehicles  restricted. 
§  16.  Shelter  for  homeless  animals;  site  to  be  approved;  conduct 

thereof  regulated. 

§  17.  Unmuzzled  dogs;  not  permitted  in  any  public  place. 
§  18.  Sale  of  small  animals  regulated. 
§  19.  Live  chickens,  geese,  ducks,  and  other  fowls;  the  keeping, 

killing,  and  sale  regulated. 
§  20.  Keeping  of  live  pigeons  regulated. 
§  21.  Horses  to  be  tested  for  glanders. 

Sec.  2.  Glanders,  farcy,  and  other  contagious  diseases;  duty  of  vet- 
erinary surgeon  to  report. — Every  veterinary  surgeon  who  shall 
examine  or  professionally  attend  any  animal  in  the  City  of  New 
York  affected  with  glanders,  or  farcy,  or  any  other  contagious  dis- 
ease, shall,  immediately  upon  the  discovery  of  such  veterinary  sur- 
geon that  such  animal  is  thus  affected,  report  in  writing  to  the  De- 
partment of  Health  the  location  of  such  diseased  animal,  the  name 
and  address  of  the  owner  thereof,  and  the  type  and  character  of  the 
disease.  (S.  C.,  §  127.) 

§  3.  Glanders,  farcy,  and  other  contagious  diseases;  animals  suffering 
therefrom  not  to  be  retained  or  exposed;  destruction  authorized. — No 
person  shall  keep  or  retain,  or  cause  or  allow  to  be  kept  or  retained,  at 
any  place  in  the  City  of  New  York,  any  animal  affected  with  glanders 
or  farcy,  or  any  other  contagious  disease,  but  shall,  immediately 
upon  his  or  her  discovery  that  such  animal  is  thus  affected,  report  the 
fact  and  the  location  of  such  animal  to  the  Department  of  Health. 

The  Sanitary  Superintendent,  an  Assistant  Sanitary  Superintend- 
ent, or  the  Director  of  the  Bureau  of  Infectious  Diseases,  of  the  De- 
partment of  Health,  shall  cause  every  such  animal  to  be  promptly 
isolated  or  killed,  and,  if  killed,  the  body  thereof  to  be  promptly 
removed  and  disposed  of,  in  such  manner  as  he  shall  designate. 
(S.  C.,  §  125.) 

§  4.  Animals  suffering  from  or  exposed  to  contagious  diseases  not 
to  be  brought  into  or  kept  in  city. — No  cattle,  swine,  sheep,  horses, 
dogs,  or  cats,  which  are  affected  with  or  have  been  exposed  to  any 
disease  which  is  contagious  among  such  animals,  shall  be  brought 
into  or  kept  in  the  City  of  New  York.  (S.  C.,  §  124.) 


SANITARY   CODE  411 

§  5.  Animal  injured  or  diseased  beyond  recovery  and  abandoned, 
to  be  destroyed. — Any  animal,  in  any  street  or  public  place  within  or 
adjacent  to  the  built-up  portion  of  the  City  of  New  York,  appearing 
in  the  opinion  of  any  officer  or  inspector  of  the  Department  of  Health 
(and  that  of  two  citizens,  requested  by  such  officer  or  inspector  to 
view,  in  his  presence,  the  said  animal),  to  be  so  injured  or  diseased 
as  to  preclude  the  possibility  of  such  animal  thereafter  serving  any 
useful  purpose,  and  not  being  properly  cared  for,  may,  if  not  re- 
moved within  one  hour  after  being  found  in  such  condition  by  the 
said  officer  or  inspector,  be  destroyed  by  or  according  to  the  direc- 
tion of  the  said  officer  or  inspector.  (S.  C.,  §  129.) 

§  6.  Animals  injured  or  diseased  past  recovery,  dead,  or  affected  with 
an  injections  or  contagious  disease  to  be  reported  and  removed. — Any 
person  owning  or  having  in  his  charge  or  under  his  control  an  animal 
injured  or  diseased  past  recovery,  or  dead,  and  not  killed  for  or 
proper  for  use  as  food,  or  affected  with  an  infectious  or  contagious 
disease,  in  the  City  of  New  York,  shall,  immediately  upon  discover- 
ing or  learning  such  fact,  notify  the  Department  of  Health  thereof, 
and  shall,  under  the  direction  of  the  Sanitary  Superintendent,  an 
Assistant  Sanitary  Superintendent,  or  the  Director  of  the  Bureau  of 
Infectious  Diseases,  of  the  Department  of  Health,  or  an  officer  of 
the  Police  Department,  remove  or  cause  the  removal  of  such  animal 
to  such  place  as  such  official  shall  designate.  (S.  C.,  Sec.  130.) 

§7.  Dead,  sick,  or  injured  animals;  interference  by  unauthorized 
persons  prohibited. — No  person  other  than  a  police  officer  or  an  in- 
spector or  officer  of  the  Department  of  Health,  or  other  person  au- 
thorized by  law  so  to  do,  shall,  in  any  way  interfere  with  any  dead, 
sick,  or  injured  animal  in  any  street  or  public  place  in  the  City  of 
New  York,  except  that  the  owner  or  person  having  control  of  such 
animal  may  terminate  its  life  in  the  presence  and  by  the  consent  of 
any  such  officer,  inspector,  or  person.  (S.  C.,  §  131.) 

§  8.  Dead,  sick,  or  injured  animals,'  conditions  dangerous  to  life  or 
detrimental  to  health  prohibited. — No  person  shall  leave  in  or  throw 
into  any  street  or  public  place,  or  public  water,  in  the  City  of  New 
York,  or  offensively  expose  or  bury,  anywhere  in  the  said  City,  the 
body  (or  any  part  thereof)  of  any  dead,  sick,  or  injured  animal;  nor 
shall  any  person  keep  any  dead  animal  or  any  offensive  meat,  bird, 
fowl,  or  fish,  in  a  place  where  the  same  may  be  dangerous  to  the 
life  or  detrimental  to  the  health  of  any  person.  (S.  C.,  §  128.) 

§  9.  Dead  horses;  to  be  tagged  before  placing  in  street. — All  dead 
horses,  before  being  placed  in  the  street,  must  bear  a  tag  giving  the 
name  and  address  of  the  owner  thereof  and  the  stable  from  which 
the  horse  is  removed.  (S.  C.,  §  126.) 

§  10.  Rabid  and  vicious  animals;  Department  of  Health  to  be  notified; 
destruction  authorized;  removal  regulated. — Every  animal  that  has 
rabies  or  that  shows  symptoms  of  rabies,  and  every  animal  that  has 
been  bitten  by  another  animal  affected  with  rabies,  or  has  been 
otherwise  exposed  to  such  disease  shall,  by  the  person  owning  the 
same  or  having  possession  thereof,  be  at  once  confined  in  some  secure 
place  for  such  length  of  time  as  may  be  necessary  for  the  purpose 
of  determining  whether  such  disease  exists  or  showing  that  such 
exposure  has  not  given  such  animal  said  disease,  and  of  avoiding 
all  danger  to  life  or  health,  and  such  person  shall  also,  immediately 


412  CODE   OF  ORDINANCES  OP  THE   CITY   OF  NEW   YORK 

upon  discovering  or  learning  any  of  the  aforesaid  facts,  notify  the 
Department  of  Health  thereof  and  of  the  place  where  such  animal 
is  confined.  Every  animal  which  is  mad  or  has  rabies  shall  at  once 
be  killed  by  the  owner  or  person  having  possession  thereof,  or  by  the 
Department  of  Health,  and  the  body  of  any  animal  that  has  died  of 
such  disease,  or  being  suspected  of  such  disease  has  been  killed,  shall 
be  at  once  surrendered  to  the  Department  of  Health  for  disposition. 

Should  a  dog  bite  any  person,  it  shall  be  the  duty  of  the  owner, 
or  person,  having  the  same  in  his  possession  or  under  his  control, 
to  immediately  notify  said  Department  thereof,  and  surrender  said 
dog  to  said  Department  for  inspection  and  observation;  and  such 
dog  shall  be  returned  to  the  person  from  whom  the  same  shall  have 
been  received  if  found  not  rabid  or  vicious,  and,  if  found  to  be  rabid 
or  vicious  to  such  an  extent  as  to  be  unsafe  to  be  at  large,  it  shall  be 
destroyed  by  said  Department. 

When  the  police  or  other  person  or  authorities  destroy  a  dog  for 
any  of  the  causes  herein  mentioned,  it  shall  be  his  or  their  duty  to 
immediately  notify  the  Department  of  Health  thereof  and  of  the 
location  of  its  body,  so  that  the  said  body  may  be  obtained  by  the 
said  Department;  and  it  shall  be  unlawful  to  remove  any  dog  or 
animal  to  which  the  provisions  of  this  section  apply,  or  the  body 
of  any  such  dog  or  animal,  except  as  herein  provided.  (S.  C.,  §  132.) 

§  11.  Horses,  cattle,  swine,  sheep,  geese,  and  goats,'  not  to  be  kept  or 
yarded  without  a  permit. — No  horses  shall  be  yarded  and  no  cattle, 
swine,  geese,  sheep,  or  goats,  shall  be  kept  or  yarded  within  or  ad- 
jacent to  the  built-up  portions  of  the  City  of  New  York,  without  a 
permit  issued  therefor  by  the  Board  of  Health.  (S.  C.,  §  73.) 

§  12.  Keeping  of  cows  regulated. — No  cows  shall  be  kept  in  the 
City  of  New  York  without  a  permit  issued  therefor  by  the  Board  of 
Health  or  otherwise  than  in  accordance  with  the  terms  of  the  said 
permit  and  with  the  Regulations  of  said  Board.  (S.  C.,  §  72.) 

§  13.  Tuberculin  test  of  cows;  certificate.— No  milch  cow  or  cow  in- 
tended for  any  purpose  other  than  slaughter,  shall  be  admitted^to 
the  City  of  New  York  unless  accompanied  by  a  certificate  stating 
that  the  said  cow  is  free  from  tuberculosis  so  far  as  may  be  ascer- 
tained by  physical  examination  and  the  application  of  the  tuber- 
culin test.  Said  certificate  shall  contain  a  physical  description  of 
the  cow  sufficiently  accurate  for  the  purpose  of  identification,  and 
must  be  signed  by  a  legally  licensed  veterinarian,  who  shall  state 
the  date  and  place  of  his  registration.  The  certificate  shall  also  bear 
a  number  which  must  correspond  with  a  tag  that  shall  have  been 
securely  attached  to  and  be  on  the  ear  of  the  cow.  The  certificate 
shall  also  contain  the  date  of  the  examination,  which  examination 
shall  have  been  made  not  more  than  sixty  days  prior  to  the  time  the 
cow  indicated  therein  is  brought  into  the  city;  it  must  also  contain 
the  place  of  examination,  the  temperature  of  the  cow  for  six  hours 
prior  to  the  injection  of  tuberculin,  the  name,  quality,  and  character 
of  the  preparation  of  tuberculin  used,  the  location  of  the  injection, 
the  quantity  injected,  and  the  temperatures  from  the  eighth  to  the 
twentieth  hours  after  the  injection,  or  until  the  reaction  is  completed. 
(S.  C.,  §  124.)  (As  amended  by  the  Board  of  Health,  May  6,  1915, 
and  as  further  amended  by  said  Board,  July  28,  1916.) 

§  14.  Cattle;  adequate  ventilation,  proper  food  and  water  to  be  pro- 


SANITARY  CODE  413 

vided. — No  cattle  shall  be  kept  in  any  place,  in  the  City  of  New 
York,  where  the  ventilation  is  not  adequate,  and  the  water  and  food 
are  not  of  such  quality  and  in  such  condition  as  to  properly  preserve 
their  health,  condition,  and  wholesomeness  for  food.  (S.  C.,  §  71.) 

§  15.  Cattle,  method  of  transporting  in  vehicles  restricted. — No  cattle 
shall  be  placed  or  carried  while  bound  or  tied  by  the  legs,  or  bound 
down  by  the  neck,  in  any  vehicle  in  the  City  of  New  York,  but  shall 
be  allowed  to  freely  stand  in  such  vehicle  when  transported  and 
while  being  therein.  (S.  C.,  §  77.) 

§  16.  Shelter  for  homeless  animals,'  site  to  be  approved;  conduct  thereof 
regulated. — No  shelter  for  homeless  animals  shall  hereafter  be  opened 
or  established  in  the  City  of  New  York  unless  the  site  therefor  be 
first  approved  by  the  Board  of  Health;  and  no  such  shelter  shall 
be  conducted  in  said  City  without  a  permit  therefor  issued  by  the 
said  Board  or  otherwise  than  in  accordance  with  the  terms  of  said 
permit  and  with  the  Regulations  of  said  Board.  (S.  C.,  §  81a.) 

§  17.  Unmuzzled  dogs;  not  permitted  to  any  public  place. — -No  un- 
muzzled dog  shall  be  permitted  at  anytime,  to  be  on  any  public 
highway  or  in  any  public  park  or  place  in  the  City  of  New  York. 
(S.  C.,  §  80a.) 

Sustained  People  ex  rel.  Knoblauch  v.  Warden,  216  N.  Y.  162. 

§  18.  Sale  of  small  animals  regulated.- — No  person  shall  sell  or  keep 
for  sale  at  any  place  in  the  City  of  New  York  any  dogs,  cats,  birds 
or  other  small  animals,  without  a  permit  therefor  issued  by  the  Board 
of  Health  or  otherwise  than  in  accordance  with  the  terms  of  said 
permit  and  with  the  Regulations  of  said  Board.  (S.  C.,  §  80.) 

§  19.  Live  chickens,  geese,  ducks,  and  other  fowls;  the  keeping,  killing, 
and  sale  regulated. — No  live  chickens,  geese,  ducks,  or  other  fowls, 
shall  be  brought  into,  or  kept,  held,  offered  for  sale,  sold,  or  killed 
in,  any  yard,  area,  cellar,  coop,  building,  premises,  public  market, 
or  other  public  place,  except  premises  used  for  farming  in  unim- 
proved sections  of  the  City,  without  a  permit  therefor  issued  by  the 
Board  of  Health  or  otherwise  than  in  accordance  with  the  terms  of 
said  permit  and  with  the  Regulations  of  said  Board.  (S.  C.,  §  79.) 

§  20.  Keeping  of  live  pigeons  regulated. — No  live  pigeons  shall  be 
kept  within  the  built-up  portion  of  the  City  of  New  York  without  a 
permit  therefor  issued  by  the  Board  of  Health  or  otherwise  than  in 
accordance  with  the  terms  of  said  permit  and  with  the  Regulations 
of  said  Board.  (S.  C.,  §  81.) 

§  21.  Horses  to  be  tested  for  glanders. — No  horse  shall  be  brought 
into  or  kept  in  the  City  of  New  York  unless  it  shall  have  been  tested 
and  found  to  be  free  from  glanders  by  a  duly  licensed  veterinarian, 
in  accordance  with  the  Regulations  of  the  Board  of  Health. 

New. 

Adopted  December  28,  1917. 

ARTICLE  3 

BIRTHS,  MARRIAGES,  AND  DEATHS 

Sec.  :u.  Births;  parents  and  every  person  to  report;  physicians  and 
professional  midwives  to  keep  register  and  file  written 
copy. 


414  CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

§  32.  Deaths;  duty  of  physicians  and  other  persons  to  report; 

contents  of  death  certificate;  physicians  to  register  with 

Bureau  of  Records. 

§  33.  Births,  marriages,  and  deaths;  copy  of  registry  to  be  filed. 
§  34.  Marriages;  duty  of  clergymen,  magistrates,  and  other  per- 
sons performing  ceremony. 

§  35.  Persons  who  perform  the  marriage  ceremony  must  register. 
§  36.  False  certificates,  statements,  and  reports. 
§  37.  Dead  bodies  of  human  beings;  permit  to  carry  or  convey 

required;  exception. 
§38.  Dead   bodies  of  human    beings;    transit  permit  required; 

conditions  under  which  said  permit  will  be  granted. 
§  39.  Dead  bodies  of  human  beings  not  to  be  retained  or  exposed. 
§  40.  Dead  bodies  of  human  beings  not  to  be  retained  unburied. 
§  41.  Dead  bodies  of  human  beings;  duty  of  persons  discovering 

such  bodies  to  communicate  with  Department  of  Health. 
§  42.  Dead  bodies  of    human   beings;  interment,    cremation,    or 

other  disposition;  permit  required. 
§43.  Sextons  and  undertakers;  to  register  with  Department  of 

Health. 

§  44.  Duties  of  sextons  and  other  persons. 
§45.  Crematories,     burying-grounds,      cemeteries,     tombs,     and 

vaults;  permit  required  to  establish,  to  bury,  and  to  open 

receptacle;  burial  of  dead  body  restricted. 
§  46.  Business  of  undertaking  regulated;  permit  required. 

Sec.1 31.  Births  and  still  births;  parents  and  every  person  to  report; 
physicians  and  professional  midwives  to  keep  registry  and  file  written 
copy. — It  shall  be  the  duty  of  the  parents  of  any  child  born  alive 
or  dead  in  the  City  of  New  York  (and  if  there  be  no  parent  alive 
that  has  made  such  report,  then  of  the  next  of  kin  of  said  child  born), 
and  of  every  person  present  at  such  birth  or  still  birth,  to  file  with 
the  Department  of  Health,  within  ten  days  after  such  birth  and 
within  thirty-six  hours  after  such  still  birth,  a  report,  in  writing, 
stating,  as  far  as  known,  the  date,  borough,  street,  and  street  num- 
ber of  said  place  of  birth  or  still  birth,  the  name,  sex,  and  color  of 
such  child  born,  the  name,  residence,  birthplace  and  age  of  the 
parents,  respectively,  the  occupation  of  the  father  and  mother,  and 
the  maiden  name  of  the  mother.  It  shall  also  be  the  duty  of  physi- 
cians and  professional  midwives  to  keep  a  registry  of  the  several 
births  or  still  births  in  which  they  have  assisted  professionally, 
which  shall  contain  the  date  of  birth  or  still  birth,  the  borough, 
street,  and  street  number  of  premises  wherein  such  birth  or  still 
birth  took  place,  the  sex  and  color  of  the  child,  and  also,  as  nearly 
as  can  be  ascertained,  the  name  of  the  said  child,  the  number  of 
previous  children  born  of  the  mother,  the  number  now  living,  the 
name,  residence,  birthplace  and  age  of  the  parents,  respectively, 
the  occupation  of  the  father  and  mother,  and  the  maiden  name  of  the 
mother;  and  it  shall  be  the  duty  of  such  physicians  and  professional 
midwives,  also,  to  file  a  written  copy  of  the  said  registry  of  birth 
or  still  birth  with  the  Department  of  Health  in  the  borough  office 
of  the  borough  wherein  the  birth  or  still  birth  occurred,  within  ten 
days  after  such  birth  and  within  thirty-six  hours  after  such  still 


SANITARY    CODE  415 

birth,  upon  blank  forms  furnished  by  the  said  Department.  Such 
physicians  and  professional  midwives  shall  also  certify  that  they 
assisted  professionally  at  the  birth  or  still  birth  so  reported,  and 
that  all  the  other  facts  stated  in  the  copy  of  the  said  registry  are 
true  to  the  best  of  their  knowledge,  information  and  belief.  (S.  C., 
§  159.) 

Adopted  December  28,  1917. 

Statute  requires  N.  Y.  Boards  of  Health  to  make  complete  registration  of  births, 
deaths  and  marriages.  People  v.  New  Lots,  34  Hun,  336;  Matter  of  Lauteryung, 
48  N.  Y.  Super.  Ct.  308. 

§  32.  Deaths;  duty  of  physicians  and  other  persons  to  report;  con- 
tents of  death  certificate. — Physicians  who  shall  have  attended  de- 
ceased persons  in  their  last  illness  shall  make  and  preserve  a  registry 
of  the  death  of  every  such  person,  stating  the  cause  thereof  and 
specifying  the  date,  hour,  street,  and  street  number  of  the  premises, 
of  such  death,  and  shall  file  with  the  Department  of  Health  a  re- 
port, in  writing,  of  the  death  of  every  such  person,  stating,  as  nearly 
as  can  be  ascertained,  the  date  of  death,  the  sex,  name  and  surname, 
age,  occupation,  term  of  residence  in  the  City  of  New  York,  place 
of  nativity,  condition  of  life,  namely,  whether  single  or  married,  a 
widow  or  widower,  or  divorced,  the  color,  last  place  of  residence, 
the  name  and  birthplace  of  the  parents,  respectively,  the  maiden 
name  of  the  mother,  and  the  chief  and  determining,  and  the  con- 
tributory, cause  or  causes  of  death,  of  such  person;  stating  also 
whether  an  autopsy  has  been  performed,  and,  if  so,  the  findings  of 
such  autopsy;  and  the  chief  medical  examiner,  the  deputy  medical 
examiners,  and  the  assistant  medical  examiners  of  the  City,  shall, 
in  their  certificates,  conform  to  the  requirements  of  this  section, 
and,  where  death  shall  have  resulted  from  accident,  homicide,  or 
suicide,  shall  specify  how,  when,  and  where  the  injuries  causing 
such  death  were  received.  (S.  C.,  §  160.) 

Adopted  December,  28,  1917. 

Mandamus  will  lie  to  compel  a  hospital  to  correct  a  certificate  of  death  which 
they  have  filed  with  the  Health  Department.  People  ex  rel.  Haase  v.  German 
Hosp.,  8  Abb.  N.  C.  332. 

§  33.  Births,  still  births,  marriages,  and  deaths;  copy  of  registry  to 
be  filed. — It  shall  be  the  duty  of  every  person  required  to  make  or 
keep  a  registry  of  births,  still  births,  marriages,  or  deaths,  to  pre- 
sent to  the  Bureau  of  Records  of  the  Department  of  Health  a  copy 
of  such  registry  signed  by  such  person,  within  ten  days  after  the 
birth  or  marriage,  and  within  thirty-six  hours  after  the  death  or 
still  birth,  of  any  person  to  whom  such  registry  relates,  which  copy 
of  such  registry  shall  thereupon  be  placed  on  file  in  the  said  Bureau. 
(S.  C.,  §  161). 

Adopted  December  28,  1917. 

This  does  not  mean  leaving  the  notice  personally  with  the  Board  of  Health; 
mailing  is  sufficient.  Dept.  Health  City  of  N.  Y.  v.  Owen,  94  App.  Div.  425. 

§  34.  Marriages;  duty  of  clergymen,  magistrates,  and  other  persons 
performing  ceremony. — It  shall  be  the  duty  of  clergymen,  magis- 
trates, and  other  persons  who  perform  the  marriage  ceremony  in 
the  City  of  New  York,  to  keep  a  registry  of  the  marriages  performed 
by  them,  respectively,  which  shall  contain  the  place  and  date  of 
marriage,  the  age,  color,  name  and  surname,  birthplace,  and  resi- 
dence, respectively,  of  the  bride  and  groom,  the  number  of  times 


416  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

each  has  been  married,  the  condition  of  each,  namely,  whether 
single,  a  widow  or  widower,  or  divorced,  the  occupation  of  the  groom, 
the  maiden  name  of  the  bride,  if  a  widow,  and  the  names  of  the 
parents  and  the  maiden  name  of  the  mother,  of  each.  (S.  C.,  §  158.) 

§  35.  Persons  who  perform  the  marriage  ceremony  must  register.— 
Every  person  authorized  by  law  to  perform  the  marriage  ceremony 
shall,  before  performing  any  such  ceremony  in  the  City  of  New  York, 
register  his  or  her  name  and  address,  and  every  change  of  address, 
in  the  office  of  the  Bureau  of  Records  of  the  Department  of  Health. 
(S.  C.,  §  158.) 

§  36.  False  certificates,  statements  and  reports. — No  person  shall 
make,  prepare,  deliver,  or  issue  any  false  certificate,  statement,  or 
report,  of  a  birth,  marriage,  or  death,  or  any  certificate,  statement, 
or  report,  which  is  not  in  accordance  w,th  the  facts  of  the  birth,  mar- 
riage, or  death.  All  certificates,  statements,  and  reports,  of  births, 
marriages,  or  deaths,  shall  be  signed  by  the  person  purporting  to 
make  the  same,  and  no  person  shall  sign  or  forge  the  name  of  another 
to  any  such  certificate,  statement  or  report.  (S.  C.,  §  162.) 

§  37.  Dead  bodies  of  human  beings;  permit  to  carry  or  convey  re- 
quired; exception. — No  captain,  agent,  or  other  person,  having  charge 
of  or  attached  to  any  ferry-boat  or  sailing  or  other  vessel,  or  any 
person  in  charge  of  any  public  or  private  vehicle  or  conveyance,  shall 
convey  or  allow  to  be  conveyed,  thereon  or  therein,  from,  through, 
into,  or  within  the  City  of  New  York,  nor  shall  any  person  carry  or 
convey,  or  allow  to  be  carried  or  conveyed,  in  any  manner,  from, 
through,  into,  or  within  the  said  City,  the  dead  body  of  any  human 
being,  or  any  part  thereof,  without  a  permit  therefor  issued  by  the 
Board  of  Health  or  otherwise  than  in  accordance  with  the  terms  of 
such  permit  and  the  Regulations  of  said  Board;  provided,  however, 
that  the  same  effect  shall  be  given,  under  this  section,  to  a  transit 
permit  issued  by  Boards  of  Health,  Health  Officers,  Registrars,  or 
other  duly  authorized  persons,  in  any  State  of  the  United  States 
whose  rules  and  regulations  for  the  transportation  of  the  dead  shall, 
when  such  permit  is  issued,  be  in  material  accord  with  those  at  the 
time  in  force  in  the  City  of  New  York,  as  though  such  permit  were  is- 
sued by  the  Board  of  Health  of  the  City  of  New  York.  (S.  C.  §  163.) 

§  38.  Dead  bodies  of  human  beings;  transit  permit  required;  condi- 
tions under  which  said  permit  will  be  granted. — No  transit  permit  shall 
be  granted  for  the  removal,  burial,  or  other  disposition  of  the  re- 
mains of  any  person  who  shall  have  died  in  the  City  of  New  York 
unless  a  certificate  of  death,  prepared  upon  a  form  furnished  by  the 
Department  of  Health  and  signed  as  hereinafter  provided,  shall  have 
been  filed  in  the  said  Department. 

Such  certificate  must  be  signed  by  a  physician  upon  whom  has 
been  conferred  the  degree  of  doctor  of  medicine,  or  by  a  physician 
who  has  been  granted  a  license  after  a  medical  examination  con- 
ducted by  the  New  York  State  Board  of  Medical  Examiners,  the 
questions  for  which  have  been  prepared  by  the  Board  of  Regents  of 
said  State.  (S.  C.,  §  163a.) 

§  39.  Dead  bodies  of  human  beings  not  to  be  retained  or  exposed. — 
No  person  shall  retain,  expose,  or  allow  to  be  retained  or  exposed, 
the  dead  body  of  any  human  being  to  the  peril  or  prejudice  of  the 
life  or  health  of  any  person.  (S.  C.,  §  164.) 


SANITARY   CODE  417 

§  40.  Dead  bodies  of  human  beings  not  to  be  retained  unburied. — No 
person  shall  retain  unburied  the  dead  body  of  any  human  being  for 
a  longer  period  than  four  days  after  the  death  of  such  person,  with- 
out a  permit  from  the  Sanitary  Superintendent,  an  Assistant  Sani- 
tary Superintendent,  or  the  Director  of  the  Bureau  of  Infectious 
Diseases,  which  permit  shall  specify  the  length  of  time  during  which 
such  body  may  be  so  retained.  (S.  C.,  §  165.) 

§  41.  Dead  bodies  of  human  beings;  duty  of  persons  discovering  such 
bodies  to  communicate  with  Department  of  Health. — It  shall  be  the 
duty  of  every  person  who  has  discovered  or  seen  the  body  of  a  dead 
human  being  or  any  part  thereof  (if  there  is  reason  for  such  person 
to  think  that  the  fact  of  the  death,  or  the  place  of  such  body,  or  part 
thereof,  is  not  publicly  known),  to  immediately  communicate  to 
the  Department  of  Health  the  fact  that  such  person  has  discovered 
or  seen  such  body,  the  place  where,  and  time  when,  such  body  was 
discovered  or  seen,  and  (if  known)  the  place  where  such  body  is  or 
may  be  found,  and  any  facts  known  by  which  such  body  may  be 
identified  or  the  cause  of  death  ascertained.  (S.  C.,  §  166.) 

§  42.  Dead  bodies  of  human  beings;  interment,  cremation,  or  other 
disposition;  permit  required. — No  interment,  cremation,  or  other 
disposition,  of  the  dead  body  of  any  human  oeing,  shall  be  made  in 
the  City  of  New  York  without  a  permit  therefor  issued  by  the  Board 
of  Health  or  otherwise  than  in  accordance  with  the  terms  of  such 
permit  and  the  Regulations  of  said  Board,  and  the  said  dead  body 
shall  be  placed  in  a  metallic  or  tin-lined  box,  or  a  box  so  constructed 
as  to  prevent  the  issuance  of  any  liquids  therefrom.  No  sexton  or 
other  person  shall  assist  in,  assent  to,  or  allow  the  interment,  crema- 
tion, or  other  disposition  of  any  such  body,  or  aid  the  preparation  of 
or  assist  in  preparing  any  grave  or  place  of  deposit  for  any  such  body, 
unless  a  permit  shall  have  been  issued,  as  hereinbefore  provided,  au- 
thorizing such  interment,  cremation,  or  other  disposition  of  such 
body;  and  it  shall  be  the  duty  of  every  person  who  shall  receive  any 
such  permit  to  return  such  permit  to  the  Department  of  Health  in  ac- 
cordance with  the  Regulations  of  the  Board  of  Health.  (S.  C.,  §  167.) 

§  43.  Sextons;  to  register  with  Department  of  Health.  Every  person 
who  acts  as  a  sexton  in  the  City  of  New  York,  or  has  the  charge  or 
care  of  any  crematory,  vault,  tomb,  burying-ground,  or  cemetery 
for  the  reception  of  the  dead  bodies  of  human  beings,  or  any  place 
wherein  the  bodies  of  any  human  beings  are  deposited,  shall  cause 
his  or  her  name  and  address,  and  every  change  of  address,  and  the 
character  of  his  or  her  duties,  to  be  registered  with  the  Bureau  of 
Records  of  the  Department  of  Health.  (As  amended  by  the  Board 
of  Health,  December  31,  1919.) 

§  44.  Duties  of  sextons  and  other  persons. — Every  sexton  and  other 
person  having  charge  of  any  crematory,  burying-ground,  cemetery, 
tomb,  or  vault,  in  the  City  of  New  York,  shall,  before  twelve  o'clock 
on  Monday  of  each  week,  make  a  return  to  the  Department  of 
Health,  which  return  shall  set  forth  a  record  of  the  receipt  and  dis- 
position of  each  body  buried  or  cremated  since  the  last  return  and 
which  said  return  shall  be  in  such  form,  and  shall  specify  such  addi- 
tional particulars,  as  the  Regulations  of  the  Board  of  Health  shall 
require.  (S.  C.,  §  170.) 

§45.  Crematories,  burying-grounds,  cemeteries,  tombs,  and    vault*; 


418  CODE  OP  ORDINANCES  OF  THE  CITY  OP  NEW  YORK 

permit  required  to  establish,  to  bury,  and  to  open  receptacle;  burial  of 
dead  body  restricted. — No  new  crematory,  burying-ground,  cemetery, 
tomb,  or  vault  to  be  used  for  the  reception  of  dead  human  bodies 
shall  be  established,  nor  shall  any  dead  body,  or  the  remains  thereof, 
be  placed  in  any  existing  burying-ground,  vault,  tomb,  or  cemetery, 
in  the  City  of  New  York,  nor  shall  any  grave,  vault,  tomb,  or  other 
receptacle  in  which  there  is  a  human  body  or  any  part  thereof,  be 
opened,  exposed,  or  disturbed,  without  a  permit  therefor  issued  by 
the  Board  of  Health  or  otherwise  than  in  accordance  with  the  terms 
of  such  permit  and  the  Regulations  of  said  Board,  and  every  body 
buried  in  any  such  place  shall  be  buried  to  the  depth  of  six  feet  below 
the  surface  of  the  ground,  and  four  feet  below  any  closely  adjacent 
street,  except  that,  in  the  Borough  of  Queens,  a  body  may  be  buried  to 
the  depth  of  three  feet  below  the  surface  of  the  ground.  (S.  C.,  §  168.) 
§46.  Business  of  undertaking  regulated;  permit  required. — No 
person,  firm,  or  corporation  shall  carry  on  or  engage  in  the  business 
or  practice  of  undertaking  in  the  City  of  New  York  without  a  permit 
therefor,  issued  by  the  Board  of  Health,  or  otherwise  than  in  accord- 
ance with  the  terms  of  said  permit  and  the  Regulations  of  said  Board. 
(The  provisions  of  this  section  shall  take  effect  February  1,  1920.) 
(As  adopted  by  the  Board  of  Health,  December  31, 1919.) 


ARTICLE  4 

BUILDINGS 

Sec.  51.  Joint  and  several  responsibility  of  owner,  lessee,  tenant,  and 
occupant  for  existence  of  nuisance  or  violation  of  Sanitary 

§  52.  Inadequate  strength,  ventilation,  light,  and  sewerage,  of 
buildings,  and  conditions  therein  dangerous  or  prejudical 
to  life  or  health,  forbidden. 

§  53.  Nuisances,  conditions  dangerous  and  prejudical  to  life  or 
health;  duties  of  owners,  tenants,  lessees,  and  occupants 
of  buildings  and  lots. 

§  54.  Dwellings;  sanitary  conditions;  duties  of  owner  and  lessee. 

§  55.  Theatres,  manufactories,  and  workrooms;  sanitary  condi- 
tions, lighting,  heating,  and  ventilation. 

§  56.  Lodging-houses,  boarding-houses,  or  manufactories  not  to 
be  overcrowded. 

§  57.  Schools,  gymnasiums,  and  places  of  public  worship;  duties 
and  responsibilities  of  persons  in  charge. 

§  58.  Stables;  to  be  maintained  in  accordance  with  the  Regula- 
tions of  the  board  of  Health. 

§  59.  Roof  and  skylights  to  be  kept  in  good  repair. 

§  60.  Walls  and  ceilings  to  be  clean. 

§  61.  Water  tanks  on  roofs  of  buildings;  their  use  regulated. 

§  62.  Sleeping  in  cellars  or  in  any  place  dangerous  or  prejudicial 
to  life  or  health  prohibited. 

Sec.  51.     Joint  and  several  responsibility  of  owner,  lessee,  tenant, 
and  occupant  for  existence  of  nuisance  or  violation  of  Sanitary  Code. — 


SANITARY  CODE  419 

The  owner,  lessee,  tenant,  and  occupant  of  every  building  or  premises, 
or  of  any  part  thereof,  where  there  shall  be  a  nuisance,  or  a  violation 
of  any  section  of  the  Sanitary  Code,  shall  be  jointly  and  severally 
liable  therefor,  in  so  far  as  they,  respectively,  have  the  power  to 
prevent  or  abate  such  nuisance  or  prevent  such  violation,  and,  to 
such  extent,  each  of  them  may  be  required  to  abate  the  nuisance, 
or  comply  with  the  order  of  the  Board  of  Health  in  respect  to  such 
building,  premises,  or  part  thereof.  (S.  C.,  §  13.) 

Golden  v.  Health  Dept.,  21  App.  Div.  420;  People  ex  rel.  Copcutt  v.  Board  of 
Health,  140  N.  Y.  1;  Board  of  Health  v.  Copcutt,  140  N.  Y.  12;  Lawton  v.  Steele, 
119  N.  Y.  226. 

§  52.  Inadequate  strength,  ventilation,  light,  and  sewerage,  of  build- 
ings, and  conditions  therein  dangerous  or  prejudicial  to  life  or  health, 
forbidden. — No  person,  persons,  or  corporation,  shall  hereafter,  in 
the  City  of  New  York,  erect  or  cause  to  be  erected,  or  convert  or 
cause  to  be  converted  to  a  new  purpose  by  alteration,  any  building 
or  structure,  or  change  or  cause  to  be  changed  the  construction  of 
any  part  of  any  building  or  structure  by  addition  or  otherwise,  so 
that  it,  or  any  part  thereof,  shall  be  inadequate  or  defective  in  respect 
to  strength,  ventilation,  light,  sewerage,  or  any  other  usual,  proper, 
or  necessary  provision  or  precaution  for  the  security  of  life  and 
health;  nor  shall  the  builder,  owner,  lessee,  tenant,  or  occupant  of 
any  building  or  structure  in  the  said  city  cause  or  allow  any  matter 
or  thing  to  be  or  to  be  done  in  or  about  any  such  building  or  structure 
dangerous  or  prejudicial  to  life  or  health.  (S.  C.,  §  16.) 

§  53.  Nuisances,  conditions  dangerous  and  prejudicial  to  life  or 
health;  duties  of  owners,  tenants,  lessees,  occupants,  and  persons  in 
charge  of  buildings  and  lots. — Every  owner,  lessee,  tenant,  occupant 
or  person  in  charge  of  any  building  or  premises  within  or  adjacent 
to  the  built-up  portions  of  the  City  of  New  York  shall  keep  and  cause 
to  be  kept  the  sidewalk,  flagging  and  curbstone  abutting  on  said 
building  or  premises  free  from  obstructions  and  nuisances  of  every 
kind,  and  shall  sweep  and  remove  or  cause  to  be  swept  and  removed 
therefrom  all  garbage,  refuse,  filth,  dirt,  and  other  offensive  material 
and  shall  keep  such  sidewalk,  flagging,  and  curbstone  free  from  gar- 
bage, refuse,  filth,  dirt,  and  other  offensive  material.  Every  such 
sidewalk,  flagging,  or  curbstone  shall  be  spattered  with  wet  sawdust, 
paper  or  sand,  sprinkled  with  water,  or  some  other  equally  effective 
method  or  material  used,  to  prevent  and  avoid  the  raising  of  dust 
when  such  garbage,  refuse,  filth,  dirt,  or  other  offensive  material  is 
swept  or  removed  therefrom.  Such  garbage,  refuse,  filth,  dirt,  and 
other  offensive  material  removed  from  the  sidewalk,  flagging  or 
curbstone  may  be  piled  in  the  gutter  or  roadway  between  the  hours 
of  six  and  eight  o'clock  in  the  morning,  but  shall  not  be  put  or  placed 
in,  or  swept,  shovelled,  thrown,  emptied,  or  deposited  into,  the 
gutter  or  roadway  at  any  other  time.  No  such  owner,  tenant,  lessee, 
occupant  or  person  in  charge  shall  allow  anything  in,  on,  or  about 
such  building  or  premises,  or  any  condition  arising  or  existing  therein 
or  thereon,  to  become  a  nuisance,  or  dangerous  or  prejudicial  to 
life  or  health.  (S.  C.  §  41.)  (As  amended  by  the  Board  of  Health, 
Dec.  28,  1916,  and  further  amended  Oct.  30,  1918.) 

§  54.  Dwellings;  sanitary  conditions;  duties  of  oumer  and  lessee. — 
No  owner  or  lessee  of  any  building,  or  any  part  thereof,  shall  lea.se 


420  CODE    OF    ORDINANCES    OF   THE    CITY    OF   NEW    YORK 

or  let  or  hire  out  or  allow  the  same  or  any  part  thereof  to  be  occupied 
by  any  person,  or  allow  any  one  to  dwell  or  lodge  therein,  except 
when  said  building  or  such  parts  thereof  are  sufficiently  lighted, 
ventilated,  provided,  and.  accommodated,  and  are  in  all  respects  in 
that  condition  of  cleanliness  and  wholesomeness  for  which  this  Code 
or  any  law  of  this  State  provides,  or  in  which  the  said  Code  or  any 
such  law  required  any  such  premises  to  be  kept.  Nor  shall  any  such 
person,  having  power  to  prevent  the  same,  rent,  let,  hire  out,  or 
allow,  to  be  used  as  or  for  a  place  of  sleeping  or  residence,  any  cellar 
in  any  building,  or  any  room  of  which  the  floor  is  damp  by  reason  of 
water  from  the  ground,  or  which  is  impregnated  or  penetrated  by  any 
offensive  gas,  smell,  or  exhalation,  prejudicial  to  health.  (S.  C.,  §  17.) 

§  55.  Theatres,  manufactories,  and  workrooms;  sanitary  condi- 
tions, lighting,  heating,  and  ventilation. — The  owner,  agent,  lessee, 
tenant,  manager,  and  person  conducting  every  theatre,  auditorium, 
assembly  hall,  factory,  workroom,  store,  or  office,  shall  cause  every 
part  thereof  and  its  appurtenances  to  be  put,  and  shall  thereafter 
cause  the  same  to  be  kept,  in  a  cleanly  and  sanitary  condition,  and 
shall  cause  every  room  thereof  to  be  adequately  lighted;  shall  pro- 
vide, in  each  room  thereof,  proper  and  sufficient  means  of  ventilation 
by  natural  or  mechanical  means,  or  both,  and  maintain  proper  de- 
grees of  temperature  and  humidity  in  every  room  thereof;  and  shall 
cause  every  part  of  any  such  place  to  be  provided  with  such  accom- 
modations and  safeguards,  as  not,  by  reason  of  the  want  thereof,  or 
by  reason  of  anything  about  the  condition  of  such  place  or  its  appur- 
tenances, to  cause  any  unnecessary  danger  or  detriment  to  the  life  or 
health  of  any  person  being  properly  therein  or  thereat.  (S.  C.,  §  22.) 

§  56.  Lodging-houses,  boarding-houses,  or  manufactories  not  to  be 
overcrowded. — No  owner,  lessee,  or  keeper  of  any  lodging-house, 
boarding-house,  factory,  workroom,  store,  office  or  place  of  business, 
shall  cause  or  allow  the  same  to  be  overcrowded  or  cause  or  allow 
so  great  a  number  of  persons  to  dwell,  be,  or  sleep  in  any  such  house, 
or  any  portion  thereof,  as  thereby  to  cause  any  danger  or  detriment 
to  life  or  health.  (S.  C.,  §  19.) 

§  57.  Schools,  gymnasiums,  and  places  of  public  worship;  duties  and 
responsibilities  of  persons  in  charge. — No  master  or  teacher,  or  man- 
ager of,  or  in,  any  school,  public  or  private,  or  of  or  in  any  Sunday- 
school  or  gymnasium,  or  the  officer  thereof,  or  officer  or  manager  or 
person  having  charge  of  any  place  of  public  worship,  shall  so  far  omit 
or  neglect  any  duty  or  reasonable  care  or  precaution  respecting  the 
safety  or  health  of  any  scholar,  pupil,  or  attendant,  or  respecting  the 
temperature,  ventilation,  cleanliness,  or  strength,  of  any  church,  hall  of 
worship,  school-house,  school-room,  or  place  of  practice  or  exercise  con- 
nected therewith,  or  relative  to  anything  appurtenant  thereto,  so  that 
by  reason  of  such  neglect  or  omission,  the  life  or  health  of  any  person 
shall  suffer  or  incur  any  avoidable  peril  or  detriment.  (S.  C.,  §  25.) 

§  58.  Stables;  to  be  maintained  in  accordance  with  the  Regulations  of 
the  Board  of  Health. — No  stable  shall  be  maintained  in  the  City  of 
New  York  without  a  permit  therefor  issued  by  the  Board  of  Health 
or  otherwise  than  in  accordance  with  the  terms  of  said  permit  and 
with  the  Regulations  of  said  Board.  The  provisions  of  this  section 
shall  apply  to  the  owner,  lessee,  tenant,  occupant,  or  person  in  charge 
of  such  stable. 


SANITARY   CODE  421 

§  59.  Roofs  and  skylights  to  be  kept  in  good  repair. — The  roofs, 
skylights,  walls,  and  windows  of  all  buildings  shall  be  kept  in  a  condi- 
tion of  good  repair  so  that  rain  water  shall  not  enter  the  building. 
(S.  C.,  §  24.) 

§  60.  Walls  and  ceilings  to  be  clean. — All  filthy  and  dirty  walls  and 
ceilings  of  any  building,  including  the  walls  and  ceilings  of  the  cellars 
thereof,  shall  be  thoroughly  cleaned  and  whitewashed  whenever 
required  by  the  Department  of  Health.  (S.  C.,  §  23.) 

§  61.  Water  tanks  on  roofs  of  buildings;  their  use  regulated. — Every 
tank  for  holding  water  located  on  the  roof  or  external  part  of  a 
building  shall  be  kept  completely  covered  with  a  tight-fitting  cover. 
Every  tank  from  which  water  is  furnished  for  drinking  and  domestic 
purposes  shall  be  emptied  and  the  inside  thoroughly  cleaned  at  least 
once  a  year  and  at  such  other  times  as  may  be  directed  by  the  San- 
itary Superintendent  or  an  Assistant  Sanitary  Superintendent  of  the 
Department  of  Health.  (S.  C.,  §  62a,  as  amend.  Dec.  21,  1915.) 

§  62.  Sleeping  in  cellars  or  in  any  place  dangerous  or  prejudicial 
to  life  or  health  prohibited. — No  person  having  the  right  and  power 
to  prevent  the  same  shall  knowingly  cause  or  permit  any  person  to 
sleep  or  remain  in  any  cellar,  in  any  bathroom,  in  any  room  where 
there  is  a  water-closet,  or  in  any  place  dangerous  or  prejudicial  to 
life  or  health,  by  reason  of  the  want  of  ventilation  or  drainage,  or 
by  reason  of  the  presence  of  any  poisonous,  noxious,  or  offensive 
odor  or  substance,  or  otherwise.  (S.  C.,  §  18.) 


ARTICLE  5 

COLD  STORAGE 

Sec.  71.  The  term  "food  "defined. 

§  72.  Cold  storage  food  to  be  marked. 

§  73.  Time  that  cold  storage  food  may  be  kept. 

§  74.  Food  when  once  released  for  the  purpose  of  placing  same  on 
market  for  sale  not  to  be  returned  to  cold  storage. 

§  75.  Food  kept  in  cold  storage  not  to  be  sold  without  represent- 
ing the  fact  of  such  storage. 

Sec.  71.  The  term  "food"  defined. — The  term  food  as  used  in  this 
Article  shall  include  any  article,  except  nuts,  fruits,  cheese  and  veg- 
etables, used  for  food  by  man  or  animal  and  every  ingredient  of  such 
article.  (New.) 

§  72.  Cold  storage  food  to  be  marked. — It  shall  hereafter  be  unlaw- 
ful for  any  person  or  persons,  corporation  or  corporations,  engaged 
in  the  business  of  cold  storage  warehousemen^  or  in  the  business  of 
refrigerating,  to  receive  any  kind  of  food  unless  the  said  food  is  in  an 
apparently  pure  and  wholesome  condition,  and  the  food  or  the  pack- 
age containing  the  same  is  branded,  stamped  or  marked,  in  some 
conspicuous  place,  with  the  day,  month  and  year  when  the  same  is 
received  in  storage  or  refrigeration. 

It  shall  be  unlawful  for  any  person  or  persons,  corporation  or  cor- 
porations, engaged  in  the  business  of  cold  stomgp  warehousemen  or 
in  the  business  of  refrigerating  to  permit  any  article  of  any  kind 


422  CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

whatsoever  used  for  food  in  the  possession  of  any  person  or  persons, 
corporation  or  corporations,  engaged  in  the  business  of  cold  storage 
warehousemen  or  refrigerating,  to  be  taken  from  their  possession 
without  first  having  branded,  stamped  or  marked  on  said  food  stuffs 
or  the  package  containing  same,  in  a  conspicuous  place,  the  day, 
month  and  year  when  said  food  stuffs  or  package  was  removed  from 
cold  storage  or  refrigeration. 

It  shall  also  be  unlawful  for  any  person  or  persons,  corporation 
or  corporations,  to  offer  for  storage  in  a  cold  storage  warehouse  or 
to  place  in  storage  in  a  cold  storage  warehouse  any  article  of  food 
unless  the  same  is  in  an  apparently  pure  and  wholesome  condition. 
(New.) 

Sec.  73.  Time  that  cold  storage  food  may  be  kept. — It  shall  hereafter 
be  unlawful  for  any  person,  corporation  or  corporations,  engaged  in 
the  business  of  cold  storage  warehousemen  or  refrigerating,  or  for 
any  person  or  corporation  placing  food  in  a  cold  storage  warehouse, 
to  keep  in  storage  for  preservation  or  otherwise  any  kind  of  food  or 
any  article  used  for  food  a  longer  period  than  twelve  calendar  months. 

As  amended  by  the  Board  of  Health,  December  31,  1918. 
§  74.  Food  when  once  released  for  the  purpose  of  placing  same  on 
market  for  sale  not  to  be  returned  to  cold  storage, — When  food  has  been 
in  cold  storage  or  refrigeration  and  is  released  therefrom  for  the  pur- 
pose of  placing  the  same  on  the  market  for  sale  it  shall  be  a  violation 
of  the  provisions  of  this  Article  to  again  place  such  food  in  cold 
storage  or  refrigeration.  (New.) 

§  75.  Food  kept  in  cold  storage  not  to  be  sold  without  representing  the 
fact  of  such  storage. — It  shall  be  a  violation  of  the  provisions  of  this 
Article  to  sell  any  article  or  articles  of  food  that  have  been  kept  in 
cold  storage  or  refrigeration,  without  representing  the  same  to  have 
been  so  kept.  (New.) 

ARTICLE  6 

MEDICAL  EXAMINERS 

Sec.  80.  Duties  of  medical  examiners. 

Sec.  80.  Duties  of  medical  examiners. — The  chief  medical  examiner, 
the  deputy  medical  examiners  and  the  assistant  medical  examiners 
shall  transmit  and  cause  to  be  delivered  to  the  Department  of  Health 
within  two  hours  after  viewing  the  dead  body  of  any  person  who 
has  died  from  any  infectious  disease  the  following  facts  so  far  as 
known  or  reported  to  such  chief  medical  examiner,  deputy  medical 
examiners,  and  assistant  medical  examiners:  the  name  of  the  de- 
ceased; the  place  of  death,  giving  the  street  and  street  number  or 
such  other  particulars  as  will  identify  said  place  of  death;  the  loca- 
tion of  the  body;  the  cause  of  death;  the  date  and  time  of  death;  the 
name  or  names  of  physician  or  physicians,  if  any,  attending  the 
deceased  in  his  or  her  last  illness;  the  occupation  of  deceased;  the 
place  of  employment;  the  place  to  which  body  has  been  removed,  if 
removal  permit  has  been  issued;  and  if  autopsy  was  performed,  the 
findings  thereof .  (S.  C.,  §  80.) 

Adopted  December  31,  1917. 


SANITARY  CODE  423 

ARTICLE  7 

DISEASES 

Sec.  86.  Duty  of  persons  in  charge  of  hospitals,  and  of  physicians,  to 
report  infectious  diseases. 

§  87.  Duty  of  every  person  to  report  persons  affected  with  an  in- 
fectious disease. 

§  88.  Duty  of  superintendents  of  hospitals  and  dispensaries,  and  of 
physicians,  to  report  cases  of  venereal  disease.  , 

§  89.  Isolation  of  persons  affected  with  infectious  diseases. 

§  90.  Duty  of  physicians  to  report  deaths  from  infectious  diseases. 

§  91.  Puerperal  septicaemia  and  suppurative  conjunctivitis;  duty  of 
officers  of  schools,  dispensaries,  and  other  institutions,  and 
of  physicians,  to  report. 

§  92.  Occupational  diseases  and  injuries;  duty  of  officers  of  hospitals, 
public  institutions,  and  dispensaries,  and  of  physicians,  to 
report. 

§  93.  Group  of  cases  of  food  poisoning;  duty  of  officers  of  hospitals, 
and  of  physicians,  to  report. 

§  94.  Exclusion  of  children  from  schools. 

§  95.  Exclusion  of  teachers  and  instructors  affected  with  certain  dis- 
eases. 

§  96.  Isolation  of  persons  affected  with  infectious  diseases  in  institu- 
tions. 

§  97.  Removal  of  persons  affected  with  any  infectious  disease  au- 
thorized. 

§  98.  Removal  of  persons  affected  with  an  infectious  disease  regulated. 

§  99.  Persons  having  an  infectious  disease  not  to  engage  in  manu- 
facturing in  tenement  houses. 

§  100.  Acts  tending  to  promote  spread  of  disease  prohibited. 

§  101.  Disinfection  and  renovation  of  premises,  furniture,  and  be- 
longings. 

§  102.  Duties  of  undertakers. 

§  103.  Public  or  church  funerals  prohibited  where  death  has  been 
caused  by  certain  diseases. 

§  104.  Cyanide  used  for  fumigating  purposes  regulated. 

§  105.  Diagnostic  laboratories  regulated. 

§  106.  Wood  alcohol  poisoning  to  be  reported. 

Sec.  86.  Duty  of  persons  in  charge  of  hospitals,  and  of  physicians,  to 
report  infectious  diseases. — It  shall  be  the  duty  of  the  manager  or  man- 
agers, superintendent,  or  person  in  charge  of  every  hospital,  institution, 
or  dispensary,  in  the  City  of  New  York,  to  report  to  the  Department  of 
Health  in  writing  the  full  name,  age,  and  address  of  every  occupant  or 
inmate  thereof  or  person  treated  therein,  affected  with  any  one  of  the 
infectious  diseases  included  in  the  following  list,  with  the  name  of  the 
disease,  within  twenty-four  hours  after  the  time  when  the  case  is  diag- 
nosed, and  it  shall  be  the  duty  of  every  physician  in  the  said  City  to 
make  a  similar  report  to  the  said  Department  within  the  same  period 
relative  to  any  person  found  by  such  physician  to  be  affected  with  any 
one  of  the  said  infectious  diseases,  stating,  in  each  instance,  the  name  of 
the  disease:  acute  anterior  poliomyelitis  (infantile  paralysis),  anthrax, 
Asiatic  cholera,  botulism,  diphtheria  (croup),  dysentery  (epidemic),  en- 
cephalitis lethargica,  epidemic  cerebro-spinal  meningitis,  glanders,  sup- 
punitive  conjunctivitis,  hook-worm  disease,  leprosy,  malarial  fever, 
measles,  mumps,  paratyphoid  fever,  plague,  pulmonary  tuberculosis, 
unite  lobar  pneumonia,  bronchial  or  lobular  pneumonia,  influenza,  rabies, 
rubella  ((lerinan  measles,  rotheln),  scarlet  fever,  epidemic  septic  sore- 


424  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

throat,  smallpox,  tetanus,  trachoma,  trichinosis,  tuberculous  meningitis, 
typhoid  fever,  typhus  fever,  varicella  (chicken-pox),  whooping-cough, 
and  yellow  fever. 

Provided,  that  if  the  disease  is  typhoid  fever,  scarlet  fever,  dphtheriai, 
epidemic  dysentery,  or  epidemic  septic  sore  throat,  every  such  report 
shall  also  show  whether  the  patient  has  been,  or  any  member  of  the 
household  in  which  the  patient  resides  is,  engaged  or  employed  in  the 
handling  of  milk,  cream,  butter,  or  other  dairy  products  for  sale  or 
preliminary  to  sale.  (S.  C.,  §  133.)  (As  amended  by  the  Board  of 
Health,  September  17,  1918,  and  further  amended  January  27,  1921.) 

§  87.  Duty  of  every  person  to  report  persons  affected  with  an  infectious 
disease. — When 'no  physician  is  in  attendance,  it  shall  be  the  duty  of 
every  person  having  knowledge  of  any  person  affected  with  any  disease 
apparently  or  presumably  infectious  to  at  once  report  to  the  Depart- 
ment of  Health  all  facts  in  relation  to  the  illness  and  physical  condition 
of  any  such  person.  (S.  C.,  §  136.) 

§  88.  Duty  of  superintendents  of  hospitals  and  dispensaries,  and  of  physi- 
cians, to  report  cases  of  venereal  disease. — It  shall  be  the  duty  of  the  man- 
ager, superintendent,  or  person  in  charge,  of  any  correctional  institution 
and  of  every  public  or  private  hospital,  dispensary,  clinic,  asylum,  or 
charitable  institution  in  the  City  of  New  York  to  report  promptly  to 
the  Department  of  Health  the  name  or  initials,  together  with  the  sex, 
age,  marital  state,  and  address,  of  every  occupant  or  inmate  thereof  or 
person  treated  therein,  affected  with  syphilis  or  gonorrhoea;  and  it  shall 
also  be  the  duty  of  every  physician  in  the  said  City  to  promptly  make  a 
similar  report  to  the  Department  of  Health  relative  to  any  person  found 
by  such  physician  to  be  affected  with  syphilis  or  gonorrhoea.  All  reports 
made  in  accordance  with  the  provisions  of  this  section,  and  all  records  of 
clinical  or  laboratory  examinations  indicating  the  presence  of  syphilis 
or  gonorrhoea,  shall  be  regarded  as  confidential,  and  shall  not  be  open  to 
inspection  by  the  public  or  by  any  person  other  than  the  official  cus- 
todian of  such  reports  or  records  in  the  Department  of  Health,  the  Com- 
missioner of  Health,  and  such  other  persons  as  may  be  authorized  by 
law  to  inspect  such  reports  or  records,  nor  shall  the  custodian  of  any 
such  report  or  record,  the  said  Commissioner  of  Health,  or  any  such 
other  person  divulge  any  part  of  any  such  report  or  record  so  as  to  dis- 
close the  identity  of  the  person  to  whom  it  relates.  It  shall  be  the  duty 
of  every  physician  to  furnish  and  deliver  to  every  person  found  by  such 
physician  to  be  affected  with  syphilis  or  gonorrhoea  a  circular  of  instruc- 
tion and  advice  issued  or  approved  by  the  Department  of  Health  of  the 
City  of  New  York  and  to  instruct  such  person  as  to  the  precautions  to 
be  taken  in  order  to  prevent  the  communication  of  the  disease  to  others. 
No  person  affected  with  syphilis  or  gonorrhoea  shall,  by  a  negligent  act, 
cause,  contribute  to  or  promote  the  spread  of  such  diseases. 

As  amended  by  the  Board  of  Health,  June  28,  1917. 

§  89.  Isolation  and  quarantine  of  means  affected  with  infectious  disease. 
It  shall  be  the  duty  of  every  physician,  immediately  upon  discovering  a 
person  affected  with  an  infectious  disease,  to  secure  such  isolation  and 
quarantine  of  such  person,  or  to  take  such  other  action  as  is  or  may  be 
required  by  the  Regulations  of  the  Department  of  Health. 

As  amended  by  the  Board  of  Health,  January  30,  1917. 

But  no  person  can  be  quarantined  simply  because  he  has  not  been  vaccinated. 
Matter  of  Smith,  146  N.  Y.  68. 

§  90.  Duty  of  physicians  to  report  deaths  from  infectious  diseases. — 
It  shall  be  the  duty  of  every  physician  to  report  forthwith,  in  writing, 
to  the  Department  of  Health,  the  death  of  every  person  who  dies  from, 
or  while  suffering  with,  any  infectious  disease,  and  to  state  in  such  report 
the  specific  name  and  type  of  such  disease.  (S.  C.,  §  135.) 

§  91.  Puerperal  septicccmia  and  suppurative  conjunctivitis:  duty  of  offi- 


SANITARY  CODE  425 

cers  of  schools,  dispensaries,  and  other  institutions,  and  of  physicians, 
to  report. — It  shall  he  the  duty  of  the  manager  or  managers,  superin- 
tendent, or  person  in  charge  of  every  sanatarium,  day  nursery,  con- 
valescent home,  home  for  children,  reformatory,  training  school, 
boarding  school,  hospital,  dispensary,  or  other  institution  for  the 
care  or  treatment  of  persons,  in  the  City  of  New  York,  to  immediately 
report,  or  cause  to  be  immediately  reported,  in  writing,  to  the  De- 
partment of  Health,  the  name,  age  (so  far  as  can  be  ascertained), 
and  residence  of  every  person  received  therein  or  treated  thereat 
who  is  affected  with  puerperal  septicaemia  or  suppurative  conjunc- 
tivitis, with  the  name  of  the  disease  with  which  such  person  is  af- 
fected, and  it  shall  be  the  duty  of  every  physician  in  the  said  City 
to  immediately  make,  or  cause  to  be  immediately  made,  a  similar 
written  report  to  the  said  Department  relative  to  any  person  found 
by  such  physician  to  be  so  affected,  stating,  in  each  instance,  the 
name  of  the  disease  with  which  said  person  is  affected.  Every  such 
manager,  physician,  and  officer  shall  also  report,  in  writing,  the  name 
and  address  of  the  physician  or  midwife  in  attendance  at  the  time 
of  the  onset  of  the  disease,  which  information  it  is  hereby  made  the 
duty  of  every  institution  herein  specified  to  obtain  and  record  among 
its  records."  (As  amended  by  the  Board  of  Health,  July  23,  1918.) 

§  92.  Occupational  diseases  and  injuries;  duty  of  officers  of  hospitals, 
public  institutions,  and  dispensaries,  and  of  physicians,  to  report. — 
It  shall  be  the  duty  of  the  manager  or  managers,  superintendent, 
or  person  in  charge  of  every  hospital,  institution,  or  dispensary,  in 
the  City  of  New  York,  to  report  to  the  Department  of  Health,  in 
writing,  the  full  name,  age,  and  address  of  every  occupant  or  inmate 
thereof  or  person  treated  therein,  affected  with  any  one  of  the  occu- 
pational diseases  included  in  the  list  appended,  with  the  name  of 
the  disease,  within  twenty-four  hours  after  the  time  when  the  case 
is  diagnosed  and  it  shall  be  the  duty  of  every  physician  to  make  a 
similar  report  to  the  said  Department  within  the  said  period  relative 
to  any  person  found  by  such  physician  to  be  affected  with  any  one 
of  the  said  occupational  diseases,  stating,  in  each  instance,  the  name 
of  the  disease:  Arsenic  poisoning,  bisulphide  of  carbon  poisoning, 
brass  poisoning,  caisson  disease  (compressed-air  illness),  carbon 
monoxide  poisoning,  dinitrobenzine  poisoning,  lead  poisoning,  mer- 
cury poisoning,  methyl  alcohol  or  wood  naphtha  poisoning,  natural 
gas  poisoning,  phosphorus  poisoning.  (S.  C.,  §  134.) 

§  93.  Group  of  cases  of  food  poisoning;  duty  of  officers  of  hospitals, 
and  of  physicians,  to  report. — It  shall  be  the  duty  of  every  physician, 
and  of  the  manager,  superintendent,  or  other  person  in  charge  of 
any  hospital,  dispensary,  or  other  institution,  having  knowledge  of 
the  occurrence  of  a  number  or  group  of  cases  of  severe  or  fatal  ill- 
ness, which  appear  to  be  due  to  the  consumption  of  spoiled  or  poi- 
sonous articles  of  food  to  immediately  report  the  same  to  the  De- 
partment of  Health. 

§  94.  Exclusion  of  children  from  schools. — No  principal  or  superin- 
tendent of  any  school,  and  no  parent,'  master,  or  custodian  of  any 
child  or  minor  (having  the  power  and  authority  to  prevent)  shall 
permit  any  child  or  minor  having  acute  poliomyelitis  (infantile 
paralysis),  chicken-pox,  diphtheria  (croup),  epidemic  cerebro-spinal 
meningitis,  measles,  mumps,  pulmonary  tuberculosis  (if  in  a  com- 


426  CODE  OP  ORDINANCES  OF  THE  CITY  OP  NEW   YORK 

municable  form),  rubella  (German  measles,  rotheln),  scarlet  fever, 
smallpox,  or  whooping-cough,  or  any  child  or  minor  in  any  family, 
or  living  with  any  family,  in  which  any  such  disease  exists  or  has 
recently  existed,  to  attend  any  public,  private,  or  parochial  school 
until  the  Department  of  Health  shall  have  given  its  permission  there- 
for, nor  shall  any  such  principal,  superintendent,  parent,  master, 
or  custodian  permit  any  child  or  minor  to  be  unnecessarily  exposed, 
or  to  needlessly  expose  any  other  person,  to  any  infectious  disease 
or  to  any  infective  person  or  agent.  (S.  C.,  §  145.) 

§  95.  Exclusion  of  teachers  and  instructors  affected  with  certain  dis- 
eases.— No  person  affected  with  pulmonary  tuberculosis  (if  in  a  com- 
municable form)  or  with  any  other  disease  mentioned  in  Section  94 
of  the  Sanitary  Code  shall  be  employed  as  teacher  or  instructor  in 
any  public,  private,  or  parochial  school,  or  permitted  to  teach  or  in- 
struct therein,  unless  the  written  permission  therefor  shall  have  been 
obtained  from  the  Department  of  Health. 

§  96.  Isolation  of  persons  affected  with  infectious  diseases  in  institu- 
tions.— It  shall  be  the  duty  of  the  manager  or  managers,  superin- 
tendent, or  person  in  charge  of  every  sanatorium,  sanitarium,  day 
nursery,  convalescent  home,  home  for  children,  reformatory,  train- 
ing school,  boarding  school,  hospital,  dispensary,  or  other  institution 
for  the  care  or  treatment  of  persons,  in  the  City  of  New  York,  to 
provide  and  maintain  a  suitable  room  or  rooms  for  the  isolation  of 
persons  affected  with  such  infectious  diseases  as  the  Regulations  of 
the  Department  of  Health  may  from  time  to  time  designate  as  being 
subject  to  the  provisions  of  this  section,  and  such  persons  shall  im- 
mediately be  isolated  in  such  room  or  rooms.  (S.  C.,  §  140.) 

§  97.  Removal  of  persons  affected  with  any  infectious  disease  au- 
thorized.— Whenever  an  inspector  of  the  Department  of  Health 
shall  report  in  writing  that  any  person  affected  with  any  infectious 
disease,  under  such  circumstances  that  the  continuance  of  such  per- 
son in  the  place  where  he  or  she  may  be  is  dangerous  to  the  lives  or 
health  of  other  persons  residing  in  the  neighborhood,  the  Sanitary 
Superintendent,  an  Assistant  Sanitary  Superintendent,  or  the  Direc- 
tor of  the  Bureau  of  Infectious  Diseases,  of  the  said  Department, 
upon  the  report  of  a  Medical  Inspector  of  the  said  Department  may 
cause  the  removal  of  such  person  to  a  hospital  designated  by  the 
Board  of  Health.  (S.  C.,  §  139.) 

§  98.  Removal  of  persons  affected  with  an  infectious  disease  regu- 
lated.— No  person  shall,  in  the  City  of  New  York,  without  a  permit 
therefor  issued  by  the  Board  of  Health,  carry,  move,  or  cause  to  be 
carried  or  moved,  in  any  manner  whatsoever,  through  any  public 
street  or  place  any  person  affected  with  an  infectious  disease,  or 
any  article  which  has  been  exposed  to  such  disease;  nor  shall  any  per- 
son remove  or  cause  to  be  removed,  in  the  City  of  New  York,  any 
such  person  or  article  from  any  building  or  vessel  to  any  other  build- 
ing or  vessel,  or  to  the  shore,  without  a  permit  therefor  issued  by 
the  Board  of  Health.  (S.  C.,  §  143.) 

§  99.  Persons  having  an  infectious  disease  not  to  engage  in  manu- 
facturing in  tenement  houses. — Unless  permission  therefor  shall  have 
been  obtained  from  the  Department  of  Health,  no  person  affected 
with  any  infectious  disease,  or  who  is  exposed  to  any  infectious  dis- 
ease, shall,  in  any  tenement  house  or  in  any  part  thereof,  engage  in 


SANITARY   CODE  427 

the  manufacture,  altering,  repairing,  or  finishing  of  any  article  what- 
soever, except  for  the  sole  and  exclusive  use  of  the  person  so  engaged. 

Whenever  required  by  the  Sanitary  Superintendent,  an  Assistant 
Sanitary  Superintendent,  or  the  Director  of  the  Bureau  of  Infectious 
Diseases,  of  the  Department  of  Health,  any  person  engaged  in  the 
manufacture,  altering,  repairing,  or  finishing  of  any  article  whatso- 
ever, except  for  the  sole  and  exclusive  use  of  the  person  so  engaged, 
shall  submit  to  a  physical  examination  by  a  medical  inspector  of 
the  said  Department. 

§  100.  Acts  tending  to  promote  spread  of  disease  prohibited. — No 
person  shall  by  any  exposure  of  any  individual  sick  of  any  infectious 
disease,  or  of  the  body  of  such  person,  or  by  any  negligent  act  con- 
nected therewith,  or  in  respect  of  the  care  or  custody  thereof,  or  by 
a  needless  exposure  of  himself,  cause,  contribute  to,  or  promote,  the 
spread  of  disease  from  any  such  person,  or  from  any  dead  body. 
(S.  C.,  §  143.) 

§  101.  Disinfection  and  renovation  of  premises,  furniture,  and  be- 
longings.— Adequate  disinfection  or  cleansing  and  renovation  of 
premises,  furniture,  and  belongings,  deemed  by  the  Department  of 
Health  to  be  infected  by  any  contagious,  infectious  or  communicable 
disease,  shall  immediately  follow  the  recovery,  death,  or  removal  of 
the  person  suffering  from  such  disease,  and  such  disinfection  or 
cleansing  and  renovation  shall  be  performed  'by  the  owner  of  said 
premises.  (S.  C.,  §  146.) 

§  102.  Duties  of  undertakers. — It  shall  be  the  duty  of  every  under- 
taker having  notice  of  the  death  of  any  person  within  the  City  of 
New  York  of  acute  cerebro-spinal  meningitis,  acute  poliomyelitis 
(infantile  paralysis),  Asiatic  cholera,  diphtheria  (croup),  plague, 
scarlet  fever,  smallpox,  or  typhus  fever,  or  of  the  bringing  of  the  dead 
body  of  any  person  who  has  died  of  any  such  disease  into  the  said 
City,  to  give  immediate  notice  thereof  to  the  Department  of  Health. 
No  person  shall  retain  or  expose,  or  assist  in  the  retention  or  exposure 
of,  the  dead  body  of  any  such  person  except  in  a  coffin  or  casket 
properly  sealed;  nor  shall  any  person  allow  any  such  body  to  be 
placed  in  any  coffin  or  casket  unless  the  body  shall  have  been  wrapped 
in  a  sheet  saturated  with  a  proper  disinfecting  solution,  and  the  coffin 
or  casket  shall  then  be  immediately  and  permanently  sealed.  No 
undertaker  shall  assist  in  the  public  or  church  funeral  of  any  such 
person.  No  undertaker  shall  use,  or  cause  or  allow  to  be  used,  at 
any  funeral  or  in  any  room  where  the  dead  body  of  any  such  person 
shall  be,  any  draperies,  decorations,  rugs,  or  carpets,  belonging  to  or 
furnished  by  him  or  under  his  direction.  (S.  C.,  §  141.) 

§  103.  Public  or  church  funerals  prohibited  where  death  has  been 
caused  by  certain  diseases. — A  public  or  church  funeral  shall  not  be 
held  of  any  person  who  has  died  of  acute  poliomyelitis  (infantile 
paralysis),  Asiatic  cholera,  diphtheria  (croup),  epidemic  cerebro- 
spinal  meningitis,  measles,  plague,  scarlet  fever,  smallpox,  typhus 
fever,  or  yellow  fever,  but  the  funeral  of  such  person  shall  be  private, 
and  it  shall  not  be  lawful  to  invite  to,  or  permit  at,  the  funeral  of 
any  person  who  has  died  of  any  one  of  the  above  diseases,  or  invite 
to  or  permit  at  any  services  connected  therewith,  any  person  whoso 
attendance  is  not  necessary,  or  from  or  to  whom  there  is  danger  of 
contagion  thereby.  (S.  C.,  §  142.) 


428  CODE    OF   ORDINANCES   OF   THE    CITY    OF   NEW    YORK 

§  104.  Cynaide  used  for  fumigating  purposes  regulated.— No  per- 
son shall  use,  or  cause  to  be  used,  any  hydrocyanic  acid,  cyanogen, 
or  cyanide  gas  for  the  purpose  of  fumigating  any  building,  vessel, 
or  other  enclosed  space  in  the  City  of  New  York  without  a  permit 
issued  therefor  by  the  Board  of  Health;  or  otherwise  than  in  accord- 
ance with  the  terms  of  said  permit,  or  the  Regulations  of  said  Board. 
(New.  Passed  April  25,  1916.) 

§  105.  Diagnostic  laboratories  regulated. — -No  laboratory  offering 
facilities  for  the  diagnosis  of  communicable  diseases  shall  be  con- 
ducted or  maintained  in  the  City  of  New  York  without  a  permit 
therefor  issued  by  the  Board  of  Health  or  otherwise  than  in  ac- 
cordance with  the  Regulations  of  the  said  Board. 

As  adopted  by  the  Board  of  Health,  June  28,  1917. 

§  103.  Wood  alcohol  poisoning  to  be  reported. — It  shall  be  the  duty 
(  f  the  manager  or  managers,  superintendent,  or  person  in  charge  of 
every  hospital,  institution,  or  dispensary  in  the  City  of  New  York 
to  report  immediately  to  the  Department  of  Health  the  name,  age, 
and  address  of  every  occupant  or  inmate  thereof,  or  person  treated 
therein,  affected  with  wood  alcohol  or  wood  naphtha  poisoning;  and 
it  shall  also  be  the  duty  of  every  physician  in  said  City  to  make  im- 
mediately a  similar  report  of  the  Department  of  Health  relative  to 
any  person  found  by  -such  physician  to  be  affected  with  wood  alco- 
hol or  wood  naphtha  poisoning.  (As  adopted  by  the  Board  of  Health, 
December  31,  1919.) 


ARTICLE  8 

DRUGS  AND  MEDICINES 

Sec.  116.  Drugs;  manufacture  and  sale  regulated;  the  terms  "drugs," 
"adulterated,"  and  "misbranded"  denned. 

§  117.  Regulating  the  sale  of  proprietary  and  patent  medicines. 

§  118.  Drugs,  medicines,  decoctions,  and  drinks;  fraudulent  dis- 
tribution prohibited. 

§  119.  Proprietary  medicines;  distributions  of  samples  regulated. 

§  120.  The  use  of  living  bacterial  organisms  in  the  inoculation  of 
human  beings  regulated. 

§  121.  Free  distribution  of  vaccine  antitoxin,  serum  and  cultures 
regulated. 

§  122.  Poison;  sale  and  distribution  regulated. 

§  123.  Carbolic  acid;  sale  regulated. 

§  124.  Wood  naphtha,  otherwise  known  as  wood  alcohol  or  methyl 
alcohol;  sale  and  distribution  regulated. 

§  125.  Bichloride  of  mercury:  sale  regulated. 

§  126.  Habit  forming  drugs;  sale  and  distribution  regulated. 

§  127.  Habit  forming  drugs;  disposing  of  confiscated. 

§  128.  Hair  dues  and  other  toilet  preparations;  sale  and  dis- 
tribution regulated. 

§  129.  Condemnation  and  destruction  of  drugs  authorized. 

§  130.  Medicated  alchol;  sale  and  distribution  regulated. 

§  131.  Completely  denatured  alcohol;  sale  and  distribution  of. 


SANITARY  CODE  429 

Sec.  116.  Drugs;  manufacture  and  sale  regulated;  the  terms  "drugs," 
"adulterated"  and  "misbranded"  defined. — No  person  shall  manu- 
facture or  produce,  or  have,  sell,  or  offer  for  sale,  in  the  City  of  New 
York,  any  drug  which  is  adulterated  or  misbranded.  The  term  drug 
as  herein  used  shall  include  all  medicines  for  external  or  internal  use, 
or  both.  Drugs  as  herein  defined  shall  be  deemed  adulterated: 

(1)  If,  when  sold  by  or  under  a  name  recognized  in  the  United 
States  Pharmacopoeia  or  National  Formulary,  it  differs  from  the 
standard  of  strength,  quality,  or  purity,  as  stated  in  the  United  States 
Pharmacopoeia  or  National  Formulary  at  the  time  of  investigation. 

(2)  If  its  strength  or  purity  falls  below  or  its  strength  is  in  excess 
of  the  professed  standard  under  which  it  is  sold. 

A  drug  shall  be  deemed  misbranded: 

(a)  If  it  is  an  imitation  or  offered  for  sale  under  the  distinctive 
name  of  another  article. 

(b)  If  the  contents  of  the  package  as  originally  put  up  shall  have 
been  removed,  in  whole  or  in  part,  and  other  contents  shall  have  been 
placed  in  such  package,  or  if  the  package  fails  to  bear  a  statement, 
on  the  label  thereof,  of  the  quantity  or  proportion  of  any  alcohol, 
morphine,  opium,  cocaine,  heroin,  alpha  or  beta  eucaine  chloro- 
form, cannabis,  indica,  chloral  hydrate,  or  acetanilid,  or  any  deriva- 
tive or  preparation  of  any  such  substances,  contained  therein. 

(c)  If  the  package  or  label  bear  or  contain  any  statement,  design, 
or  device,  regarding  the  drug  or  its  ingredients,  or  regarding  its  or 
their  action  on  diseased  conditions,  which  statement,  design,  or  de- 
vice shall  be  false  or  misleading  in  any  particular. 

(d)  If  a  box,  bottle,  or  package,  containing  virus,  therapeutic 
serum,  toxin,  antitoxin,  or  analogous  product,  fails  to  bear  on  the 
outside  thereof,    conspicuously,    clearly,  and   legibly  set   forth,  in 
English,  the  proper  name  of  the  substance  therein  contained  the 
name  and  address  of  the  person,  persons,  firm,  or  corporation,  by 
whom  or  by  which  the  said  substance  has  been  prepared,   the  date 
beyond  which  the  said  substance  cannot  be  reasonably  expected 
to  produce  the  result  or  results  for  which  it  has  been  prepared,  and 
(if  such  license  shall  have  been  obtained)  the  United  States  license 
number  of  the  establishment  in  which  the  said  substance  has  been 
prepared;  and,  in  the  case  of  diphtheria  and  tetanus  antitoxin  if  the 
box,  bottle,  or  package  containing  such  antitoxin  shall  fail  to  bear 
on  the  outside  thereof  conspicuously,  clearly,  and  legibly  set  forth, 
in  English,  the  value  of  the  contents  thereof  as  an  antitoxin,  which 
value  shall  be  measured  according  to  and  stated  in  the  terms  of  some 
generally  recognized  standard. 

As  amended  by  the  Board  of  Health,  Oct.  26,  1915,  and  further  amended 
Feb.  23,  1920,  and  Dec.  29,  1920. 

Held  valid.     Fougera  v.  City  N.  Y.,  224  N.  Y.  269. 

§  117.  Regulating  the  sale  of  proprietary  and  patent  medicines. — It 
shall  be  the  duty  of  every  manufacturer  or  proprietor  of  proprie- 
tary or  patent  medicines  manufactured,  prepared,  or  intended  for 
external  or  internal  human  use,  before  offering  any  such  medicine 
for  sale  in  the  City  of  New  York,  to  register  the  same  with,  and  pro- 
cure a  Certificate  of  Registration  from  the  Department  of  Health 
in  accordance  with  the  Regulations  of  the  Board  of  Health. 

On  and  after  April  1,  1921,  no  proprietary  or  patent  medicine 


430  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

manufactured,  prepared  or  intended  for  internal  or  external  human 
use,  shall  be  held,  offered  for  sale,  sold,  or  given  away,  in  the  City  of 
New  York,  unless  such  medicine  shall  have  been  registered  with  the 
Department  of  Health  in  accordance  with  the  Regulations  of  the 
Board  of  Health,  nor  shall  any  such  medicine  be  held,  offered  for 
sale,  sold,  or  given  away,  in  said  City,  contrary  to  the  Regulations 
of  the  Board  of  Health. 

The  expression  "proprietary  or  patent  medicine,"  for  the  purposes 
of  this  section,  shall  be  taken  to  mean  and  include  every  medicine 
or  medicinal  compound,  manufactured,  prepared,  or  intended  for 
external  or  internal  human  use,  the  name,  composition,  or  definition 
of  which  is  not  to  be  found  in  the  United  States  Pharmacopeia  or 
National  Formulary,  or  which  does  not  bear  the  names  of  all  of  the 
ingredients  to  which  the  therapeutic  effects  claimed  are  attributed 
and  the  names  of  all  other  ingredients  except  such  as  are  physiologi- 
cally inactive,  conspicuously,  clearly,  and  legibly  set  forth  in  English, 
on  the  outside  of  each  bottle,  box,  or  package  in  which  the  said 
medicine  or  medicinal  compound  is  held,  offered  for  sale,  sold  or 
given  away. 

The  provisions  of  this  section  shall  not,  however,  apply  to  any 
medicine  or  medicinal  compound,  prepared  or  compounded  upon  the 
written  prescription  of  a  duly  licensed  physician,  provided  that  such 
prescription  be  written  or  issued  for  a  specific  person  and  not  for 
general  use,  and  that  such  medicine  or  medicinal  compound  be  sold 
or  given  away  to  or  for  the  use  of  the  person  for  which  it  shall  have 
been  prescribed  and  prepared  or  compounded;  and  provided,  also, 
that  the  said  prescription  shall  have  been  filed  at  the  establishment 
or  place  where  such  medicine  or  medicinal  compound  is  sold  or  given 
away,  in  chronological  order  according  to  the  date  of  the  receipt 
of  such  prescription  at  such  establishment  or  place. 

Every  such  prescription  shall  remain  so  filed  for  a  period  of  five 
years. 

All  information  relating  to  or  connected  with  the  registration  of 
any  patent  or  proprietary  medicine,  registered  in  accordance  with 
the  provisions  of  this  section,  shall  be  regarded  as  confidential,  and 
shall  not  be  open  to  inspection  by  the  public  or  any  person  other 
than  the  official  custodian  of  such  records,  and  those  duly  authorized 
to  prosecute  or  enforce  the  Federal  Statutes,  the  Laws  of  the  State 
of  New  York,  both  criminal  and  civil,  and  the  Ordinances  of  the 
City  of  New  York,  but  only  for  the  purpose  of  such  prosecution  or 
enforcement. 

Provided,  however,  the  provisions  of  this  section  relating  to  regis- 
tration shall  not  apply  to  stores  of  merchandise  in  the  hands  of 
druggists  or  other  dealers  on  February  25th,  1919,  nor  to  proprietary 
or  patent  medicines  registered  in  the  Department  of  Health  in  ac- 
cordance with  the  provisions  of  §  117  of  the  Sanitary  Code  as  adopted 
by  the  Board  of  Health  on  December  31st,  1914,  and  as  amended  by 
said  Board  on  October  26th,  1915,  and  as  further  amended  by  said 
Board  on  February  25th,  1919. 

This  section  shall  take  effect  January  2d,  1921. 

As  amended  by  the  Board  of  Health,  December  29,  1920. 

§  118.  Drugs,  medicines,  decoctions,  and  drinks;  fraudulent  dis- 
tribution prohibited. — No  person  shall  make,  prepare,  put  up,  ad- 


SANITARY  CODE  431 

minister,  or  dispense  any  prescription,  decoction,  or  medicine,  under 
any  false  or  misleading  name,  direction,  or  pretense;  nor  shall  any 
ingredient  be  substituted  for  another  in  any  prescription,  nor  shall 
any  false  or  misleading  representation  be  made  by  any  person  to  any 
other,  as  to  the  kind,  quality,  purpose,  or  effect  of  any  drug,  medicine, 
decoction,  drink,  or  other  substance,  offered  or  intended  to  be  taken 
as  food  or  medicine.  (S.  C.,  §  65.) 

§  119.  Proprietary  medicines;  distributions  of  samples  regulated. — 
No  person  shall,  in  the  City  of  New  York,  distribute,  free  of  charge, 
or  throw  away  any  nostrum,  proprietary  medicine,  or  other  sub- 
stance of  an  alleged  medicinal  or  curative  character,  intended  for 
internal  human  use,  in  any  street  or  public  place,  or  from  door  to 
door,  or  by  depositing  the  same  upon  private  premises. 

The  provisions  of  this  section  shall  not,  however,  apply  to  the 
distribution  by  manufacturers  or  wholesale  dealers  of  samples  of 
any  such  substance  to  physicians  or  to  the  trade. 

§  120.  Living  bacterial  and  other  microorganisms. — The  use  of 
living  bacterial  organisms  in  the  inoculation  of  human  beings  for 
the  prevention  or  treatment  of  disease  and  the  sale  or  distribution 
of  any  preparation  containing  living  microorganisms  capable  of 
causing  infection  in  man  or  animals  are  prohibited  until  full  and 
complete  data  regarding  the  method  of  use,  including  a  specimen 
of  the  culture  and  other  agents  employed  therewith,  and  a  full 
account  of  the  details  of  preparation,  dosage,  and  administration 
shall  have  been  submitted  to  the  Board  of  Health  of  the  City  of 
New  York,  and  permission  shall  have  been  granted  in  writing  by 
the  said  Board  for  such  use,  sale,  or  distribution.  (As  amend.  Dec.  21, 
1915.) 

§  121.  Free  distribution  of  vaccine,  antitoxin,  serum  and  cultures 
regulated. — Any  duly  licensed  physician  who  shall  find  it  necessary 
to  administer  any  vaccine,  antitoxin,  serum,  or  culture  to  a  patient 
too  poor,  or  dependent  upon  another  or  others  too  poor  to  pay  for 
such  vaccine,  antitoxin,  serum,  or  culture,  may  receive,  free  of 
charge,  the  requisite  quantity  thereof  upon  application  to  the  De- 
partment of  Health  or  any  of  its  duly  authorized  agents,  provided 
that  such  physician  shall  sign  a  stipulation  to  the  effect  that  he  or 
she,  as  the  case  may  be,  will  not  exact  or  receive  from  such  patient 
any  pay  for  such  vaccine,  antitoxin,  serum,  or  culture. 

Any  such  physician,  however,  who  shall  exact  or  receive  such 
pay  after  having  signed  such  stipulation  shall  be  deemed  to  have 
violated  the  provisions  of  this  section. 

Every  such  stipulation  shall  be  filed  in  the  Department  of  Health. 

§  122.  Poison;  sale  and  distribution  regulated. — No  person  shall 
sell  at  retail  or  give  away  any  poison  without  affixing  or  causing  to 
be  affixed  to  the  bottle,  box,  package,  parcel,  or  receptacle,  con- 
taining such  poison,  a  label  upon  which  shall  be  printed  in  red  ink, 
in  plain  legible  characters,  the  name  of  the  substance  or  article,  the 
word  "POISON,"  the  name  and  place  of  business  of  the  seller,  or 
donor,  if  the  poison  be  gjiven  away,  a  skull  and  crossbones,  the  word 
"CAUTION,"  the  maximum  dose  of  the  poison,  and  the  antidote 
therefor. 

The  provisions  of  this  section  shall  not  apply  to  medicinal  com- 
pounds containing  poisonous  drugs  in  therapeutic  doses  when  the 


432  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

maximum  dose  of  such  preparation  is  marked  upon  the  container. 
(S.  C.,  §  66.) 

§  123.  Carbolic  add;  sale  regulated. — No  phenol,  commonly  known 
as  carbolic  acid,  shall  be  sold  at  retail  by  any  person  in  the  City  of 
New  York,  except  upon  the  written  prescription  of  a  duly  licensed 
physician,  when  in  a  stronger  solution  than  five  per  cent.  (S.  C., 
§67.) 

§  124.  Wood  naphtha,  otherwise  known  as  wood  alcohol  or  methyl 
alcohol;  sale  and  distribution  regulated. — No  person  shall  sell,  offer 
for  sale,  give  away,  deal  in,  or  supply,  or  have  in  his  or  her  posesssion 
with  intent  to  sell,  offer  for  sale,  give  away,  deal  in,  or  supply,  any 
article  of  food  or  drink  or  any  medicinal  or  toilet  preparation,  in- 
tended for  human  use  internally  or  externally,  which  contains  any 
wood  naththa,  otherwise  known  as  wood  alcohol  or  methyl  alcohol, 
either  crude  or  refined,  whatever  may  be  the  name  or  trade-mark 
under  or  by  which  the  said  wood  naphtha  shall  be  called  or  known. 

No  person  shall  sell,  offer  for  sale,  give  away,  deal  in,  or  supply, 
or  have  in  his  or  her  possession  with  intent  to  sell,  offer  for  sale,  give 
away,  deal  in,  or  supply,  any  wood  naphtha,  otherwise  known  as 
wood  alcohol,  or  methyl  alcohol,  either  crude  or  refined,  whatever 
may  be  the  name  or  trade-mark  under  or  by  which  the  said  wood 
naphtha  shall  be  called  or  known,  unless  the  container  in  which  the 
same  is  sold,  offered  for  sale,  given  away,  dealt  in,  or  supplied,  shall 
bear  a  notice  containing  the  following  device  and  words  conspicuously 
printed  or  stenciled  thereon,  viz.: 

(Skull  and  crossbones  represented.) 

POISON 
WOOD  NAPHTHA  OR  WOOD  ALCOHOL 

WARNING. — It  is  unlawful  to  use  this  fluid  in  any  article  of 
food,  beverage,  or  medicinal  or  toilet  preparation,  intended  for  in- 
ternal or  external  human  use.  (S.  C.,  §  66a.) 

§  125.  Bichloride  of  mercury;  sale  regulated. — No  person  shall  sell 
or  offer  for  sale,  at  retail,  bichloride  of  mercury,  otherwise  known 
as  corrosive  sublimate,  in  the  dry  form,  except  upon  the  written  pre- 
scription of  a  duly  licensed  physician  or  veterinary  surgeon,  and, 
then,  only  in  tablets  of  a  particularly  distinctive  form  and  color, 
labeled  "POISON  "  upon  each  tablet,  and  dispensed  in  sealed  glass 
containers  conspicuously  labeled  with  the  word  "POISON  "  in 
red  letters. 

This  section  shall  not  apply  to  any  preparation  containing  one- 
tenth  of  a  grain  or  less  of  bichloride  of  mercury.  (S.  C.,  §  67a.) 

§  126.  Habit  forming  drugs;  sale  and  distribution  regulated. — 
(Annuled  July  25,  1921.) 

§  127.  Habit  forming  drugs:  disposing  of  confiscated. — (Annuled 
July  25,  1921.) 

§  128.  Hair  dyes  and  other  toilet  preparations;  sale  and  distribution 
regulated. — No  person  shall  sell,  offer  for  sale,  give  away,  deal  in,  or 
supply,  or  have  in  his  or  her  possession  with  intent  to  sell,  offer  for 
sale,  give  away,  deal  in,  or  supply,  any  hair  dyes  or  other  toilet 
preparation,  intended  for  human  use,  which,  by  reason  of  the  pres- 
ence of  any  ingredient  or  ingredients  therein  contained,  shall  be 


SANITARY  CODE  433 

detrimental  or  injurious  to  health.  (New.  Passed  Dec.  21,  1915.) 
§  129.  Condemnation  and  destruction  of  drugs  authorized. — Upon 
any  drug  or  medicine  being  found  by  an  inspector  or  other  duly 
authorized  representative  of  the  Department  of  Health  in  a  con- 
dition which  renders  it,  in  his  opinion,  unfit  for  human  use,  externally 
or  internally,  or  in  a  condition  or  of  a  weight,  quality,  or  strength, 
forbidden  by  the  provisions  of  the  Sanitary  Code,  such  inspector 
or  duly  authorized  representative  of  the  said  Department  is  hereby 
empowered  and  directed  to  immediately  seize  the  said  drug  or 
medicine  and  affix  thereto  a  label  bearing  the  words  "Seized  by  the 
Board  of  Health."  Such  drug  or  medicine  when  so  labelled  shall 
not  be  touched,  disturbed,  sold,  offered  for  sale,  or  given  away, 
but  shall  be  released,  destroyed,  or  otherwise  finally  disposed  of,  as 
the  Board  of  Health  shall  direct. 

As  adopted  by  the  Board  of  Health,  December  28,  1916. 
New. 

§  130.  Medicated  alcohol;  sale  and  distribution  regulated. — No 
person  shall  sell,  offer  for  sale,  give  away,  deal  in,  or  supply,  any 
article  of  food,  drug,  drink  or  medicine,  intended  for  internal  human 
use,  which  contains  any  medicated  alcohol,  whatever  may  be  the 
name  or  trade-mark  under  or  by  which  the  said  medicated  alcohol 
shall  be  called  or  known. 

No  person  shall  sell,  offer  for  sale,  give  away,  deal  in,  or  supply, 
or  have  in  his  or  her  possession  with  intent  to  sell,  offer  for  sale,  give 
away,  deal  in,  or  supply,  at  retail,  'any  medicated  alcohol,  whatever 
may  be  the  name  or  trade-mark  under  or  by  which  the  said 
medicated  alcohol  shall  be  called  or  known,  unless  the  container  in 
which  the  same  is  sold,  offered  for  sale,  given  away,  dealt  in,  or 
supplied,  shall  bear  a  notice  containing  the  following  device  and 
words  conspicuously  printed  or  stenciled  thereon,  viz.: 


MEDICATED  ALCOHOL 

Warning. — It  is  unlawful  to  use  this  fluid  in  any  article  of  food, 
drug,  drink,  or  medicine,  intended  for  internal  human  use. 

The  term  "medicated  alcohol  "  as  herein  used,  shall  be  taken  to 
mean  and  include  ethyl  alcohol  to  which  has  been  added  some 
poisonous  material  and  which  is  sold  at  retail  as  medicated  alcohol. 
(As  adopted  by  the  Board  of  Health,  September  30,  1920,  and 
amended  April  28,  1921). 

§  131.  Completely  denatured  alcohol;  sale  and  distribution  regulated. — 
No  person  shall  sell,  offer  for  sale,  give  away,  deal  in,  or  supply,  any 
article  of  food,  drug,  drink,  or  medicine,  intended  for  external  or 
internal  human  use,  which  contains  any  completely  denatured  alcohol, 
whatever  may  be  the  name  or  trade-mark  under  or  by  which  the  said 
completely  denatured  alcohol  shall  be  called  or  known. 


434  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

No  person  shall  sell,  offer  for  sale,  give  away,  deal  in,  or  supply, 
or  have  in  his  or  her  possession,  with  intent  to  sell,  offer  for  sale,  give 
away,  deal  in,  or  supply,  at  retail,  any  completely  denatured  alcohol, 
whatever  may  be  the  name  or  trade-mark  under  or  by  which  the 
said  completely  denatured  alcohol  shall  be  called  or  known,  unless 
the  container  in  which  the  same  is  sold,  offered  for  sale,  given  away, 
dealt  in,  or  supplied,  shall  bear  a  notice  containing  the  following 
device  and  words  conspicuously  printed  or  stenciled  thereon,  viz.: 


COMPLETELY  DENATURED  ALCOHOL 

Warning. — It  is  unlawful  to  use  this  fluid  in  any  article  of  food, 
drug,  drink,  or  medicine,  intended  for  external  or  internal  human 
use. 

The  term  "completely  denatured  alcohol,"  as  herein  used,  shall 
be  taken  to  mean  and  include  ethyl  alcohol  to  which  has  been  added 
some  poisonous  material,  and  which  is  sold  at  retail  as  completely 
denatured  alcohol.  (As  adopted  by  the  Board  of  Health,  September 
30,  1920,  and  amended  April  28,  1921.) 


ARTICLE  8a 
(Adopted  July  25,   1921,  and  amended  August  1,    1921) 

HABIT-FORMING  DRUGS 

Sec.  132.  Prohibited  acts  constituting  a  public  menace. 
"  133.  Prohibited  acts. 

134.  Authorized  acts  of  trades  and  professions. 

135.  Hypodermic  syringe. 
135a.  Exemptions. 

135b.  Commitment  of  addicts;  procedure;  treatment;  discharge. 
135c.  Fraud,  deceit,  et  cetera. 
§  135d.  Penalties. 

Sec.  132.  Prohibited  acts  constituting  a  public  menace. — Any  unau- 
thorized possession,  sale,  distribution,  prescribing,  administration 
or  dispensation  of  cocaine  or  opium  or  any  of  their  derivatives,  or 
cannibas  indica,  cannibas  sativa,  or  any  of  their  derivatives,  is 
hereby  declared  to  be  dangerous  to  the  public  health  and  a  menace 
to  the  public  welfare. 

§  133.  Prohibited  acts. — It  shall  be  unlawful  for  any  person  to 
possess,  sell,  distribute,  administer,  dispense  or  prescribe  cocaine  or 
opium  or  any  of  their  derivatives,  or  cannibas  indica,  cannibas 
sativa,  or  any  of  their  derivatives;  provided,  however,  that  nothing 
herein  contained  shall  be  deemed  to  prohibit  the  possession,  selling, 


SANITARY  CODE  435 

distributing,  administering,  dispensing  or  prescribing  of  any  of  the 
drugs  or  their  derivatives  as  in  this  article  hereinafter  provided. 

§  134.  Authorized  acts  of  troths  and  professions. — A  manufacturer, 
wholesaler,  apothecary,  physician,  dentist,  veterinarian,  private 
hospital,  sanitorium  or  institution  maintained  or  conducted  in 
whole  or  in  part  for  the  treatment  of  disability  or  disease  or  in- 
ebriety or  drug  addiction,  may  purchase,  receive,  possess,  sell,  dis- 
tribute, prescribe,  administer  or  dispense  cocaine  or  opium  or  their 
derivatives,  or  cannibas  indica,  cannibas  sativa,  or  any  of  their 
derivatives,  provided  he  shall  have  complied  with  all  provisions  as 
required  by  the  Act  of  Congress  of  December  seventeenth,  nineteen 
hundred  and  fourteen,  known  as  the  Harrison  Narcotic  Law,  as 
the  same  exists  and  may  be  amended. 

§  135.  Hypodermic  syringe. — Xo  person  except  a  dealer  in  surgical 
instruments,  apothecary,  physician,  dentist,  veterinarian  or  nurse, 
attendant  or  interne  of  a  hospital,  sanatorium  or  institution  in 
which  persons  are  treated  for  disability  or  disease  shall  at  any  time 
have  or  possess  a  hypodermic  syringe  or  needle  or  any  instrument 
or  implement  adapted  for  the  use  of  cocaine  or  narcotic  drugs  by 
subcutaneous  injections  and  which  is  possessed  for  that  purpose 
unless  such  possession  be  authorized  by  the  certificate  of  a  physician 
issued  within  the  period  of  one  year  prior  thereto. 

§  135a.  Exemptions. — The  provisions  of  this  article  restricting 
the  possession  of  cocaine,  opium  or  their  derivatives  or  cannibas 
indica,  or  cannibas  sativa  shall  not  apply  to  common  carriers  or 
warehousemen  or  their  employees  engaged  in  lawful  transportation 
or  storage  of  such  drugs,  nor  to  public  officers  or  employees  while 
engaged  in  the  performance  of  their  official  duties,  nor  to  temporary 
incidental  possession  on  the  part  of  employees  or  agents  or  persons 
lawfully  entitled  to  possession. 

§  135b.  Commitment  of  addicts;  procedure;  treatment;  discharge. — 
The  habitual  use  of  cocaine,  opium  or  their  derivatives,  except  as 
administered,  prescribed  or  dispensed  by  a  physician  is  hereby  de- 
clared to  be  dangerous  to  the  public  health  and  safety  and  in  viola- 
tion of  this  article.  Upon  the  voluntary  application  of  an  addict, 
any  Court  or  Magistrate,  may,  if  satisfied  of  the  truth  thereof  and 
that  the  person  is  suffering  from  such  drug  addiction,  commit  such 
person  to  a  county  or  city  hospital  or  institution  maintained  by 
the  City  of  New  York,  or  any  correctional  or  charitable  institution 
maintaining  a  hospital  in  which  drug  addiction  is  treated,  maintained 
by  the  City,  or  any  private  hospital,  sanatorium  or  institution  au- 
thorized for  the  treatment  of  disease  or  inebriety.  A  Court  or  a 
Magistrate  may  likewise  on  voluntary  application  commit  for 
treatment  to  any  reformatory  or  correctional  institution,  maintaining 
a  hospital  or  place  where  drug  addiction  may  be  treated,  to  which 
institution  commitment  could  be  made  from  the  City  of  New  York 
on  conviction  of  a  misdemeanor.  Any  court  haying  jurisdiction  of  a 
defendant  who  is  a  prisoner  in  a  criminal  action  or  proceeding,  if 
it  appears  that  such  defendant  is  an  habitual  user  of  any  such  drugs 
and  is  suffering  as  a  result  of  such  addiction,  may  if  it  commit  an 
addict  making  voluntary  application  require  the  return  to  the  Court 
of  any  such  addict  when  such  addict  is  cured  or  at  a  time  stated  in 
the  order  of  commitment.  Whenever  the  medical  officer  or  Super- 


436  CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

intendent  or  the  head  of  such  an  institution  shall  certify  to  the  com- 
mitting Magistrate  or  Court  that  any  person  so  committed  has  been 
sufficiently  treated  or  give  any  other  reason  which  is  deemed  by  the 
Magistrate  or  Court  to  be  adequate  and  sufficient,  he  may  in  ac- 
cordance with  the  terms  of  commitment  discharge  the  person  so 
committed,  or  return  such  person  to  await  further  action  of  the 
Court,  as  above  provided. 

§  135c.  Fraud,  deceit,  et  cetera. — Any  fraud,  deceit,  misrepresenta- 
tion, subterfuge,  concealment  of  a  material  fact  or  the  use  of  a  false 
name  or  the  giving  of  a  false  address  in  obtaining  treatment  in  the 
course  of  which  cocaine  or  opium  or  their  derivatives  shall  be  pre- 
scribed or  dispensed  or  in  obtaining  any  supply  of  such  drugs  shall  con- 
stitute a  violation  of  the  provisions  of  this  article  and  shall  not  be 
deemed  a  privileged  communication.  The  wilful  making  of  any  false 
statement  in  any  required  prescription  blank,  order  or  record  shall 
constitute  a  violation  of  this  article. 

§  135d.  Penalties. — A  violation  of  any  of  the  provisions  of  this 
article  shall  constitute  a  misdemeanor.  The  Department  of  Health 
shall  by  virtue  of  the  authority  conferred  by  the  provisions  of  the 
Inferior  Criminal  Court  Act  of  the  City  of  New  York  as  amended 
by  Section  44,  Chapter  531  of  the  Laws  of  1915,  except  in  a  case 
where  a  commitment  is  made  in  the  Magistrate's  Court  for  treat- 
ment, request  upon  proceeding  being  had  before  a  Magistrate  that 
violations  of  this  article  be  triable  in  the  Court  of  Special  Sessions 
held  by  three  Justices. 

ARTICLE  9 

FOOD  AND  DRINK 

Sec.  136.  Inspection  of  foods  authorized. 

§  137.  Condemnation  and  destruction  of  animals  and  foods  au- 
thorized. 

§  138.  Possession  of  food  by  dealer  in  food,  prima  facie,  deemed 
to  be  held  for  sale  as  human  food. 

§  139.  Food;  sale  of  adulterated  or  misbranded  prohibited;  the 
terms  "food,"  " adulterated,"  and  "misbranded"  defined 

§  140.  Food  and  drink;  not  to  be  sold  under  false  name  or  quality. 

§  141.  Poisonous,  deleterious,  and  unwholesome  substances;  use 
as  food  prohibited. 

§  142.  Food;  to  be  protected  from  dust,  dirt,  flies,  or  other  con- 
tamination. 

§  143.  Eating  and  drinking  utensils;  use  in  common  prohibited; 
the  term  "public  place"  and  "factory"  defined. 

§  144.  Cooking,  eating,  and  drinking  utensils  to  be  properly 
cleansed  after  being  used. 

§  145.  Beverages  and  drinks;  the  use  of  taps,  faucets,  tanks, 
fountains,  and  vessels  regulated. 

§  146.  Employment  of  persons  affected  with  infectious  or  venereal 
disease  prohibited. 

§  147.  Room,  factory,  stall,  place,  and  appurtenances  to  be  kept 
in  a  cleanly  and  wholesome  condition;  food  and  drink  to 
be  clean  and  wholesome,  and  not  poisoned,  infected,  or 


SANITARY  CODE  437 

rendered  unsafe;  personal  responsibility  of  owner,  oc- 
cupant, custodian,  principal,  agent,  or  person  in  charge. 

§  148.  Manufacture  and  storage  or  food  and  drink  regulated. 

§  149.  Conduct  and  maintenance  of  restaurants  regulated;  per- 
mit required. 

§  150.  The  care  and  sale  of  food  and  drink  in  stores  regulated. 

§  151.  Unwholesome,  unclean,  watered,  or  adulterated  milk, 
skimmed  milk  and  cream,  and  skimmed  milk,  cream, 
butter  or  cheese  made  therefrom;  possession  and  sale 
prohibited. 

§  152.  Adulterated  milk  and  cream;  distribution  prohibited; 
term  "adulterated"  defined. 

§  153.  Adulterated  milk  and  skimmed  milk,  cream;  seizure  and 
destruction  authorized. 

§  154.  Condensed,  and  condensed  skimmed,  milk;  possession  and 
sale  regulated;  the  term  "adulterated"  defined. 

§  155.  Milk,  skimmed  milk,  cream,  condensed,  or  concentrated 
milk,  condensed  skimmed  milk,  and  modified  milk;  sale 
regulated;  term  "modified  milk"  defined;  exception. 

§  156.  Milk,  skimmed  milk,  and  cream;  grades  and  designations. 

§  157.  Milk,  skimmed  milk,  and  cream;  must  conform  to  grade 
standards. 

§  158.  Buttermilk,  sour  milk,  sour  cream,  and  other  milk  prod- 
ucts; quality  of  product  regulated. 

§  159.  Bottles,  cans,  and  other  receptacles  for  holding  milk, 
skimmed  milk,  and  cream;  use  regulated  and  restricted. 

§  159a.  Empty  bottles,  cans  and  other  receptacles  for  holding 
milk,  skimmed  milk,  buttermilk,  cream,  or  ice  cream,  not 
to  be  contaminated  with  garbage  and  offensive  mate- 
rials. 

§  160.  Calves,  pigs,  lambs,  fish,  birds,  and  fowl;  sale  regulated. 

§  161.  Cattle;  not  to  be  killed  while  in  an  overheated  or  feverish 
condition. 

§  162.  Meat  and  dead  animals;  sale  regulated. 

§  163.  Unhealthy,  unsound,  unwholesome,  and  unsafe,  meat,  veg- 
etables and  milk;  possession  and  sale  prohibited;  terms 
"meat,"  "vegetables,"  and  "not  sound"  defined. 

§  164.  Shellfish;  sale  regulated. 

§  165.  Artificial  or  natural  mineral,  spring,  or  other  water;  manu- 
facture regulated. 

§  166.  Public  water  supply;  purity  and  wholesomeness  protected. 

§  167.  Water;  duties  of  persons  in  authority. 

§  168.  Water  from  wells;  the  use  thereof  regulated  and  restricted. 

§  169.  Drinking  hydrants;  water  therefrom  not  to  be  rendered 
unwholesome. 

§  170.  Ice  cream;  manufacture  in  and  bringing  into  the  City  of 
New  York  regulated. 

§  171.  Shellfish,  sale  of  adulterated  or  misbranded  prohibited. 

§  172.  Bringing  into  the  City  of  New  York  of  the  carcasses  of 
certain  animals  restricted. 

§  173.  Adulterated  skimmed  milk;  distribution  prohibited;  term 
"adulterated"  defined. 

§  174.  Reconstituted  milk  and  reconstituted  cream;  sale  regulated. 


438  CODE  OP  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 

§  175.  Adulterated  reconstituted  milk  and  reconstituted  cream. 

§  176.  Bottles,  cans,  and  other  receptacles  for  holding  recon- 
stituted milk  and  reconstituted  cream. 

§  177.  Ice  cream;  sale  of  adulterated  or  misbranded  prohibited; 
terms  "ice  cream,"  "adulterated,"  and  "misbranded" 
defined. 

§  178.  Food  gelatin;  sale  of  adulterated  or  misbranded  prohibited; 
the  term  "food  gelatin,"  "adulterated,"  and  "mis- 
branded"  defined. 

§  179.  Prohibiting  the  manufacture,  sale  and  distribution  of 
imitation  milk  and  cream. 

§  180.  The  use  of  unclean  and  unsanitary  food  receptacles  pro- 
hibited; to  be  cleaned  after  being  used. 

Sec.  136.  Inspection  of  food  and  other  substances  authorized. — Dealers 
in  food,  drugs,  and  all  other  substances  used  in  intended  to  be  used 
for  human  consumption,  or  for  internal  or  external  human  use,  and 
their  agents,  and  all  persons  engaged  in  the  transportation  thereof, 
shall  allow  any  duly  authorized  representative  of  the  Department 
of  Health  to  freely  and  fully  inspect  the  cattle,  meat,  fish,  vegetables, 
milk,  and  other  food  or  drugs,  as  well  as  all  other  substances  used  or 
intended  to  be  used  for  human  consumption,  or  for  internal  or  ex- 
ternal human  use,  held  or  kept  by  them,  or  intended  for  sale.  (S.  C., 
§60.) 

As  amended  by  the  Board  of  Health,  December  28,  1916. 

§  137.  Condemnation  and  destruction  of  animals  and  foods  au- 
thorized.— Upon  any  cattle,  sheep,  swine,  or  other  animals,  fowl  or 
other  birds,  meat,  fish,  vegetables,  or  milk,  or  other  food  or  drink 
being  found  by  any  inspector  or  other  duly  authorized  representative 
of  the  Department  of  Health  in  a  condition  which  renders  it  or  them, 
in  his  opinion,  unfit  for  use  as  human  food,  or  in  a  condition  or  of 
a  weight  or  quality  forbidden  by  provisions  of  the  Sanitary  Code, 
such  inspector  or  other  duly  authorized  representative  of  the  said 
Department  is  hereby  empowered,  and  directed  to  immediately 
condemn  and,  when  possible,  denature  the  same  and  cause  it  or 
them,  to  be  destroyed  or  removed  to  the  offal  or  garbage  docks  for 
destruction,  and  report  his  action  to  the  said  Department  without 
delay. 

And.  the  owner  or  person  in  charge  thereof,  when  so  directed  by  an 
inspector  or  other  duly  authorized  representative  of  the  said  Depart- 
ment or  by  an  order  of  the  Sanitary  Superintendent,  an  Assistant 
Sanitary  Superintendent,  or  the  Director  of  the  Bureau  of  Food 
and  Drugs  of  the  said  Department  shall  remove  or  cause  the  same  to 
be  removed  to  the  place  designated  by  such  inspector  or  other  duly 
authorized  representative  or  by  the  order  of  said  Sanitary  Superin- 
tendent or  such  Assistant  Sanitary  Superintendent  or  the  Director 
of  the  Bureau  of  Food  and  Drugs,  and  shall  not  sell,  offer  to  sell,  or 
dixpose  of  the  same  for  human  food.  And  when,  in  the  opinion  of  the 
Sanitary  Superintendent  or  an  Assistant  Sanitary  Superintendent, 
or  the  Director  of  the  Bureau  of  Food  and  Drugs,  any  such  meat,  fish, 
milk,  vegetables,  or  other  food  or  drink  shall  be  unfit  for  human 
food,  or  any  such  such  cattle,  sheep,  swine,  or  other  animals,  or  fowls 
or  other  birds,  by  reason  of  disease,  or  exposure  to  contagious  dis- 


SANITARY  CODE  439 

ease,  shall  be  unfit  for  human  food,  and  in  an  unfit  condition  to 
remain  near  other  animals  or  to  be  kept  alive,  the  Board  of  Health 
may  direct  the  same  to  be  destroyed,  in  such  manner  as  the  said 
Board  shall  designate.  (S.  C.,  §  58.  As  amend.  Dec.  21,  1915.) 

§  138.  Possession  of  food  or  drugs,  prima  facie,  deemed  to  be  held 
for  sale. — Food  in  the  possession  of,  or  held,  kept,  or  offered  for  sale 
by,  a  dealer  in  food  shall,  prima  facie,  be  deemed  to  be  held,  kept, 
or  offered  for  sale  as  human  food;  and  drugs  in  the  possession  of,  or 
held,  kept,  or  offered  for  sale  by,  a  dealer  in  drugs  shall,  prima  facie, 
be  deemed,  to  be  held,  kept,  or  offered  for  sale  for  internal  or  external 
human  use. 

As  amended  by  the  Board  of  Health,  December  28,  1916. 

§  139.  Food;  sale  of  adulterated  or  misbranded  prohibited;  the  terms 
"food,"  "adulterated,"  and  "misbranded"  defined. — No  person  shall 
have,  sell  or  offer  for  sale  in  the  City  of  New  York  any  food  which 
is  adulterated  or  misbranded.  The  term  food  as  herein  used  shall 
include  every  article  of  food  and  every  beverage  used  by  man  and 
all  confectionery. 

Food  as  herein  defined  shall  be  deemed  adulterated : 

(1)  If  any  substance  or  substances  has  or  have  been  mixed  and 
packed  with  it  so  as  to  reduce  or  lower  or  injuriously  affect  its  quality 
or  strength. 

(2)  If  any  inferior  or  cheaper  substance  has  been  substituted 
wholly  or  in  part  for  the  article. 

(3)  If  any  valuable  constituent  of  the  article  has  been  wholly  or 
in  part  abstracted. 

(4)  If  it  consists  wholly  or  in  part  of  diseased  or  decomposed  or 
putrid  or  rotten  animal  or  vegetable  substance,  or  any  portion  of 
any  animal  unfit  for  food,  or  if  it  is  a  product  of  a  diseased  animal, 
or  one  that  has  died  otherwise  than  by  slaughter. 

(5)  If  it  is  colored  or  coated  or  polished  or  powdered,  whereby 
damage  is  concealed  or  it  is  made  to  appear  better  than  it  really  is. 

(6)  If  it  contains  any  added  poisonous  ingredient,  or  any  ingredi- 
ent which  may  render  it  injurious  to  health;  or  if  it  contains  any 
antiseptic  or  preservative  not  evident  and  not  known  to  the  pur- 
chaser or  consumer. 

(7)  If,  in  the  case  of  confectionery,  it  contains  terra  alba,  barytes, 
talc,  chrome  yellow,  or  other  mineral  substance  or  poisonous  color 
or  flavor,  or  other  ingredient  deleterious  or  detrimental  to  health ;  or 
any  vinous,  malt,  or  spirituous  liquor  or  compound,  or  narcotic  drug. 

(8)  If,  in  the  case  of  spirituous,  fermented,  and  malt  liquors,  it 
contains  any  substance  or  ingredient  which  is  not  normally  present 
in  such  liquors,  or  which  may  be  deleterious  or  detrimental  to  health 
when  such  liquors  are  used  as  beverages. 

Food  shall  be  deemed  misbranded: 

(a)  If  it  is  an  imitation  or  offered  for  sale  under  the  distinctive 
name  of  another  article. 

(b)  If  it  is  labeled  or  branded  so  as  to  deceive  or  mislead  the  pur- 
chaser, or  purport  to  be  a  foreign  product  when  not  so;  or  if  the  con- 
tents of  the  package  as  originally  put  up  shall  have  been  removed  in 
whole  or  in  part  and  other  contents  shall  have  been  placed  in  such 
package;  or  if  it  fails  to  bear  a  statement  on  the  label  of  the  quan- 
tity or  proportion  of  any  morphine,  opium,  cocaine,  heroin,  alpha 


440  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

or  beta  eucaine,  chloroform,  cannabis  indica,  chloral  hydrate,  or 
acetanilid,  or  any  derivative  or  preparation  of  any  such  substances, 
contained  therein. 

(c)  If  in  package  form  and  the  contents  are  stated  in  terms  of 
weight  or  measure,  such  weight  or  measure  is  not  plainly  and  cor- 
rectly stated  on  the  outside  of  the  package. 

(d)  If  the  package  or  its  label  shall  bear  any  statement,  design, 
or  device,  regarding  the  ingredients  or  the  substances  contained 
therein,  which  statement,  design,  or  device  shall  be  false  or  mislead- 
ing in  any  particular. 

Provided,  that  an  article  of  food  which  does  not  contain  any  added 
poisonous  or  deleterious  ingredient  shall  not  be  deemed  to  be  adul- 
terated or  misbranded  in  the  following  cases: 

First.  In  the  case  of  mixtures  or  compounds  which  may  be  now 
or  from  time  to  time  hereafter  known  as  articles  of  food,  under  their 
own  distinctive  names,  and  not  an  imitation  of  or  offered  for  sale 
under  the  distinctive  name  of  another  article,  if  the  name  be  accom- 
panied on  the  same  label  or  brand  with  a  statement  of  the  place  where 
said  article  has  been  manufactured  or  produced. 

Second.  In  the  case  of  articles  labeled,  branded,  or  tagged,  so  as 
to  plainly  indicate  that  they  are  compounds,  imitations,  or  blends, 
the  word  "compound,"  "imitation,"  or  "blend,"  as  the  case  may 
be,  being  plainly  stated  on  the  package  in  which  it  is  offered  for  sale; 
provided,  that  the  term  "blend,"  as  herein  used,  shall  be  construed 
to  mean  a  mixture  of  like  substances,  not  excluding  harmless  color- 
ing or  flavoring  ingredients  used  for  the  purpose  of  coloring  and 
flavoring  only. 

And  provided  further,  that  nothing  in  this  section  shall  be  con- 
strued as  requiring  or  compelling  proprietors  or  manufacturers  of 
proprietary  foods  which  contain  no  unwholesome  added  ingredient 
to  disclose  their  trade  formulas,  except  in  so  far  as  the  provisions  of 
this  section  may  require  to  secure  freedom  from  adulteration  or  mis- 
branding.  (S.  C.,  §68.) 

§  140.  Food  and  drink;  not  to  be  sold  under  a  false  name  or  quality. 
— No  meat,  fish,  fruit,  vegetables,  eggs,  milk,  or  other  food  or  drink 
shall  be  sold,  held,  or  offered  for  sale,  under  a  false  name  or  quality, 
nor  shall  any  food  or  drink  which  is  not  wholesome,  sound,  and  safe 
for  human  consumption,  be  represented  as  being  wholesome,  sound, 
or  safe  for  human  consumption.  (S.  C.,  §  48.) 

§  141.  Poisonous,  deleterious,  and  unwholesome  substances;  use  as 
food  prohibited. — No  person,  being  the  owner,  lessee,  manager,  or 
hi  charge  of  any  place  in  which  food  or  drink  is  produced,  manu- 
factured, prepared,  packed,  stored,  distributed,  offered  for  sale,  or 
sold  shall,  therein  or  thereat,  offer  or  have,  for  food  or  drink,  or  to  be 
eaten  or  drunk,  any  poisonous,  deleterious,  or  unwholesome  sub- 
stance, or  allow  anything  to  be  done  or  to  occur,  therein  or  thereat, 
dangerous  to  life  or  prejudicial  to  health.  (S.  C.,  §  47.) 

§  142.  Food,'  to  be  protected  from  dust,  dirt,  flies,  or  other  contam- 
ination.— No  food  intended  for  human  consumption  shall  be  kept, 
sold,  offered  for  sale,  displayed,  or  transported,  unless  protected 
from  dust,  dirt,  flies,  and  other  contamination;  nor  shall  any  food 
intended  for  human  consumption  be  deposited  or  allowed  to  remain 
within  a  distance  2  feet  above  the  surface  of  any  sidewalk,  street, 


SANITARY  CODE  441 

alley,  or  other  public  place,  or  the  floor  of  any  building  where  ex- 
hibited, unless  the  same  shall  be  contained  in  boxes  or  other  recep- 
tacles, so  as  to  be  protected  from  dogs  and  other  animals  and  their 
excretions. 

No  candy,  bread,  pastry,  or  other  bakery  product  intended  for 
human  consumption,  shall  be  kept,  sold,  offered  for  sale,  or  dis- 
played in  any  open  window  or  doorway  of  a  building,  or  upon  any 
stand,  or  pushcart,  wagon,  or  other  vehicle  in  any  street  or  other 
public  place,  unless  such  candy  or  bread,  pastry,  or  other  bakery 
product  is  separately  wrapped  in  paper  or  contained  in  a  cardboard 
box  or  other  dust  and  flyproof  wrapper  or  container. 

The  provisions  of  this  section  shall  take  effect  August  16th,  1919. 

As  amended  by  the  Board  of  Health,  July  24th,  1919. 

§  143.  Eating  and  drinking  utensils;  use  in  common  prohibited; 
the  term  "public  place"  and  "factory11  defined. — The  use  of  common 
eating  or  drinking  utensils  in  any  public  place,  park,  street  or  avenue, 
public  institution,  lodging-house,  hotel,  theatre,  factor,  school, 
public  hall,  railroad  car,  ferry  boat,  railway  station  or  ferry  house 
or  the  furnishing  of  any  such  common  eating  or  drinking  utensils  for 
use  in  any  such  place  is  hereby  prohibited. 

The  term  "public  place"  as  used  herein  shall  be  construed  to  in- 
clude: 

(a)  Any  place  where  goods,  wares,  or  merchandise  are  sold  or 
offered  for  sale; 

(b)  Any  department,  bureau,  building,  or  office,  of  a  municipal 
corporation. 

The  term  "factory"  as  used  herein  shall  be  construed  to  include 
any  workshop  or  manufacturing  or  business  establishment  where 
persons  are  employed  at  labor.  (S.  C.,  §  189.) 

§  144.  Cooking,  eating  and  drinking  utensils  to  be  properly  cleansed 
after  being  used. — All  utensils  used  in  the  preparation,  service  and 
sale  of  any  food  or  drink  intended  for  human  consumption 
shall  be  properly  cleansed  after  being  used,  and  no  such  utensil 
shall,  under  any  circumstances,  be  used  a  second  time  unless  it  shall 
have  been,  after  the  previous  use  thereof,  so  cleansed.  In  such 
cleansing  the  use  of  water  which  has  become  insanitary  by  previous 
use  is  prohibited. 

The  term  "Properly  Cleansed"  as  herein  used  shall  be  taken  to 
mean  cleansing  after  each  use  in  a  solution  of  soap  powder  or  soda  in 
hot  water  and  the  employment  of  friction  supplied  by  means  of  a 
brush  or  other  suitable  implement  followed  by  rinsing  in  clean  hot 
water;  by  sterilization;  or  by  some  other  equally  effective  method. 

No  beverages  or  drinks  intended  for  human  consumption  shall  be 
sold,  offered  for  sale,  or  dispensed  upon  any  stand  or  push  cart,  wagon 
or  other  vehicle,  in  any  street  or  other  public  place,  unless  such 
beverage  or  drink  is  dispensed  or  served  in  a  paper  cup  or  other 
single-service  container. 

As  amended  by  the  Board  of  Health,  August  1,  1921. 

§  145.  Beverages  and  drinks;  the  use  of  taps,  faucets,  tanks,  foun- 
tains, and  vessels  regulated. — In  the  manufacture,  sale,  or  keeping 
for  sale,  of  any  beverage  or  drink,  no  person  shall  keep  or  u*e  ;my 
tap,  faucet,  tank,  fountain,  or  vessel,  or  any  pipe  or  conduit,  in  con- 


442  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

nection  therewith,  which  shall  be  composed  or  made,  either  wholly 
or  in  part,  of  lead,  or  other  metal  or  metallic  substances  that  are  or 
will  be  affected  by  liquids  so  that  dangerous,  unwholesome,  or  dele- 
terious compounds  are  formed  therein  or  thereby,  or  such  that  beer, 
soda  water,  syrups,  or  other  liquids,  or  any  beverage,  drink,  or  flavor- 
ing material  drawn  therefrom  shall  be  unwholesome,  dangerous,  or 
detrimental  to  health.  (S.  C.,  §  51.) 

§  146.  Employment  of  persons  affected  with  infectious  or  venereal 
disease  prohibited. — No  person  who  is  affected  with  any  infectious 
disease,  or  with  any  venereal  disease  in  a  communicable  form  shall 
work  or  be  permitted  to  work  in  any  place  where  food  or  drink  is 
prepared,  cooked,  mixed,  baked,  exposed,  bottled,  packed,  handled, 
stored,  manufactured,  offered  for  sale,  or  sold.  Whenever  required 
by  a  Medical  Inspector  or  other  duly  authorized  physician  of  the 
Department  of  Health,  or  by  an  order  of  the  Sanitary  Superinten- 
dent, the  Director  of  the  Bureau  of  Food  and  Drugs,  or  the  Director 
of  the  Bureau  of  Preventable  Diseases  of  the  said  Department,  any 
person  employed  in  any  such  place  shall  submit  to  a  physical  exam- 
ination by  a  physician  in  the  employ  of  the  said  Department.  Such 
persons,  however,  may,  in  their  discretion,  be  examined  by  their 
own  private  physicians,  provided  such  examinations  are  performed 
in  accordance  with  the  Regulations  of  the  Board  of  Health.  No 
person  who  refuses  to  submit  to  such  examination  shall  work  or  be 
permitted  to  work  in  any  such  place.  (Amended  April  25,  1916.) 

§  147.  Room,  factory,  stall,  place,  and  appurtenances  to  be  kept  in  a 
cleanly  and  wholesome  condition,  food,  drugs  and  drink  to  be  clean  and 
wholesome,  and  not  poisoned,  infected,  or  rendered  unsafe j  personal 
responsibility  of  owner,  lessee,  occupant,  or  person  in  charge. — Every 
person  being  the  owner,  lessee,  occupant,  or  in  charge  of  any  room, 
stall,  factory,  premises,  or  place,  where  any  food  or  drink  intended 
for  human  consumption,  or  drugs  intended  for  internal  or  external 
human  use,  shall  be  manufactured,  prepared,  stored,  kept,  held,  or 
offered  for  sale,  shall  put  and  keep  such  room,  stall,  factory,  premises, 
or  place,  and  its  appurtenances,  in  a  cleanly  and  wholesome  condition, 
and  every  person  having  charge,  or  interested  or  engaged,  whether 
as  principal  or  agent,  in  the  care  or  in  respect  to  the  custody  or 
sale,  of  any  food  or  drink  intended  for  human  consumption,  or  drugs 
intended  for  internal  or  external  human  use,  shall  put  and  preserve 
the  same  in  a  cleanly  and  wholesome  condition,  and  shall  not  allow 
the  same,  or  any  part  thereof,  to  become  poisoned,  infected,  or 
rendered  unsafe  or  unwholesome  for  human  food  or  drink  or  for 
internal  or  external  human  use.  (S.  C.,  §  49.) 

As  amended  by  the  Board  of  Health,  December  28,  1916. 

§  148.  Manufacture  and  storage  of  food  and  drink  regulated. — No 
building,  room,  or  place,  where  food  or  drink  is  prepared,  cooked, 
mixed,  baked,  exposed,  bottled,  packed,  handled,  stored,  or  manu- 
factured, shall  be  conducted,  operated,  maintained,  or  used  other- 
wise than  in  accordance  with  the  Regulations  of  the  Board  of 
Health. 

§  149.  Conduct  and  maintenance  of  restaurants  regulated;  permit 
required. — No  person  shall  conduct,  operate,  or  maintain  any  res- 
taurant in  the  City  of  New  York  without  a  permit  therefor  issued 
by  the  Board  of  Health  or  otherwise  than  in  accordance  with  the 


SANITARY  CODE  443 

terms  of  said  permit  and  the  Regulations  of  said  Board.  The  term 
"restaurant,"  as  herein  used,  shall  be  taken  to  mean  and  include 
every  buffet,  lunch  room,  grill  room,  lunch  counter,  dining-room  of 
hotel,  and  every  other  public  place  where  food  is  served,  sold  and 
consumed  on  the  premises,  every  lunch  counter  in  a  saloon  where 
food  is  sold  or  given  away,  and  all  kitchens  appurtenant  thereto  or 
connected  therewith. 

As  amended  by  the  Board  of  Health,  January  30,  1917. 

§  150.  The  care  and  sale  of  food  and  drink  in  stores  regulated. — No 
grocery  store,  butcher  store,  delicatessen  store,  confectionery  store, 
bakery  store,  milk  store,  butter  and  egg  store,  fruit  and  vegetable 
store,  fish  store,  or  other  place  where  food  or  drink  is  handled,  stored, 
offered  for  sale,  or  sold,  shall  be  conducted  or  maintained  otherwise 
than  in  accordance  with  the  Regulations  of  the  Board  of  Health. 

§  151.  Unwholesome,  unclean,  watered  or  adulterated  milk,  skimmed 
milk  and  cream  and  skimmed  milk,  cream,  butter  or  cheese  made 
therefrom,'  possession  and  sale  prohibited. — No  persons  shall  have  at 
any  place  where  milk,  skimmed  milk,  cream,  butter  or  cheese  is 
kept  for  sale,  or  at  any  place  sell,  deliver,  offer  or  have  for  sale  or 
keep  for  use,  nor  shall  any  person  bring  or  send  to  the  City  of  New 
York  any  milk,  skimmed  milk  or  cream  which  is  unwholesome,  un- 
clean, watered  or  adulterated  or  milk  known  as  "swill  milk"  or 
milk  from  cows  or  other  animals  that  have  been  fed  in  whole  or 
in  part  on  swill,  distillery  waste  or  any  substance  in  a  state  of  putre- 
faction or  in  any  way  unwholesome,  or  milk  from  sick  or  diseased 
cows  or  other  animals,  or  any  cream,  skimmed  milk,  butter  or  cheese 
made  from  any  such  milk  or  any  unwholesome  butter  or  cheese. 
(S.C.,§52.) 

As  amended  by  the  Board  of  Health,  June  28,  1917. 

§  152.  Adulterated  milk  and  cream;  distribution  prohibited;  term 
"adulterated"  defined. — No  milk  which  is  adulterated,  reduced  or 
changed  in  any  respect  by  the  addition  of  water  or  other  substance 
or  by  the  removal  of  cream  shall  be  brought  into  the  City  of  New 
York  or  held,  kept,  sold  or  offered  for  sale  at  any  place  in  said  city; 
nor  shall  any  person  or  corporation  keep,  have,  sell  or  offer  for  sale 
in  the  said  city  any  such  milk. 

No  cream  which  is  adulterated  shall  be  brought  into  the  City  of 
New  York  or- held,  kept,  sold  or  offered  for  sale  in  said  city,  nor  shall 
any  person  or  corporation  keep,  have,  sell  or  offer  for  sale  in  said 
city  any  such  cream.  The  term  "  cream  "  shall  be  taken  to  mean  that 
portion  of  milk  represented  in  milk  fat  which  rises  to  the  surface  of 
milk  on  standing  or  is  separated  from  it  by  centrifugal  force. 

Milk  or  cream  in  the  possession  of  or  held,  kept  or  offered  for  sale 
by  a  dealer  in  food  shall  prima  facie  be  deemed  to  be  held,  kept  and 
offered  for  sale  as  human  food. 

The  term  "adulterated"  shall  be  taken  to  mean  and  include: 

First.  Milk  containing  more  than  eighty-eight  and  one-half  per 
centum  of  water  ,or  fluids. 

Second.  Milk  containing  less  than  eleven  and  one-half  per  centum 
of  milk  solids. 

Third.  Milk  containing  less  than  eight  and  one-half  per  centum  of 
solids  not  fat. 


444  CODE   OP  ORDINANCES  OF  THE   CITY   OF  NEW  YORK 

Fourth.  Milk  from  which  any  part  of  the  cream  has  been  removed. 

Fifth.  Milk  containing  less  than  three  per  centum  of  fats. 

Sixth.  Cream  which  contains  less  than  eighteen  per  centum  of 
butter  fat. 

Seventh.  Milk  or  cream  from  milk  which  has  been  drawn  from 
animals  within  fifteen  days  before  or  five  days  after  parturition. 

Eighth.  Milk  or  cream  from  milk  which  has  been  drawn  from 
animals  fed  on  distillery  waste  or  any  substance  in  a  state  of  putre- 
faction or  on  any  unwholesome  food. 

Ninth.  Milk  or  cream  from  milk  which  has  been  drawn  from  cows 
kept  in  a  crowded  or  unhealthy  condition. 

Tenth.  Milk  or  cream  which  has  been  diluted  with  water  or  any 
other  fluid  or  to  which  has  been  added  or  into  which  has  been  intro- 
duced any  foreign  substance  whatever. 

Eleventh.  Milk  or  cream,  the  temperature  of  which  is  higher 
than  50  degrees  Fahrenheit  or  which  contains  an  excessive  number 
of  bacteria.  This  requirement  includes  " Grade  C  Milk"  that  has 
been  pasteurized. 

Twelfth.  Milk  or  cream  from  milk  which  is  produced  in  violation 
of  the  Regulations  of  the  Board  of  Health. 

The  provisions  of  this  section  shall  not  be  applicable,  however, 
to  modified  milk  held  or  offered  for  sale  under  permit  therefor  issued 
by  the  Board  of  Health  or  to  skimmed  milk.  The  provisions  of  this 
section  shall,  however,  apply  to  cream  sold  under  any  foreign  name 
meaning  cream,  such  as  smeteny,  crema  and  rahm,  and  to  all  cream 
products  and  preparations  such  as  homogenized  products  and  milk 
curds.  The  provisions  concerning  temperature  and  bacterial  content 
shall  not  apply  to  sour  cream.  (S.  C.,  §  53.) 

As  amended  by  the  Board  of  Health,  June  28,  1917. 

Ordinances  to  prevent  sale  of  adulterated  milk  are  within  power  of  the  Depart- 
ment of  Health.  Polinsky  v.  People,  73  N.  Y.  65. 

§  153.  Adulterated  milk,  skimmed  milk  and  cream;  seizure  and 
destruction  authorized. — Any  milk,  skimmed  milk  or  cream  found  to 
be  adulterated  which  has  been  brought  into  the  City  of  New  York 
or  is  held  or  offered  for  sale  in  said  city  may  be  seized  and  destroyed 
by  any  inspector  or  other  officer  of  the  Department  of  Health  au- 
thorized to  inspect  the  said  milk  or  cream.  (S.  C.,  §  54.) 

As  amended  by  the  Board  of  Health,  June  28,  1917. 

Mere  possession  of  adulterated  milk  is  not  an  offense,  where  the  ordinance  pro- 
vided no  adulterated  milk  "shall  be  brought  into,  held,  kept  or  offered  for  sale  at 
any  place  in  the  city."  There  the  sale  was  the  gravamen  of  the  offense.  People  v. 
Timmerman,  79  App.  Div.  565. 

§  154.  Condensed,  and  condensed  skimmed,  milk;  possession  and 
sale  regulated;  the  term  " adulterated"  defined. — No  condensed  milk 
made  from  milk  produced  and  handled  under  conditions  not  conform- 
ing at  least  to  the  requirements  of  those  designated  for  Grade  C,  or 
which  is  adulterated,  shall  be  brought  into  the  City  of  New  York 
or  held,  kept,  sold,  or  offered  for  sale,  at  any  place  in  said  city,  nor 
shall  any  person  or  corporation  have,  keep,  sell,  or  offer  for  sale  in 
said  city  any  such  condensed  milk.  The  term  "adulterated,"  when 
used  in  this  section,  refers  to  condensed  milk  in  which  the  amount 
of  fat  is  less  than  twenty-five  per  centum  of  the  milk  solids  contained 
therein,  or  to  which  any  foreign  substance  whatever  has  been  added, 


SANITARY  CODE  445 

excepting  sugars,  as  in  preserved  milks.  The  provisions  of  this  sec- 
tion shall  not  be  applicable,  as  regards  the  amount  of  fat,  to  con- 
densed skimmed  milk  held  or  offered  for  sale  under  a  permit  therefor 
issued  by  the  Board  of  Health.  (S.  C.,  §  55.) 

§  155.  Milk,  skimmed  milk,  cream,  condensed  or  concentrated  milk, 
condensed  skimmed  milk  and  modified  milk;  sale  regulated;  term  "modi- 
fied milk"  defined;  exception. — No  milk,  skimmed  milk  or  cream, 
condensed  or  concentrated  milk,  condensed  skimmed  milk  or  modi- 
fied milk  shall  be  held,  kept,  offered  for  sale,  sold  or  delivered  in  the 
City  of  New  York  without  a  permit  issued  therefor  by  the  Board 
of  Health  or  otherwise,  than  in  accordance  with  the  terms  of  said  per- 
mit and  with  the  Regulations  of  said  Board. 

By  the  term  "  modified  milk"  is  meant  milk  of  any  subdivision  of 
the  classification  known  as  "Grade  A:  for  Infants  and  Children," 
which  has  been  changed  by  the  addition  of  water,  sugar  of  milk 
or  other  substance  intended  to  render  the  milk  suitable  for  infant 
feeding. 

The  provisions  of  this  section  shall  not  apply  to  milk,  skimmed 
milk  or  cream  sold  in  hotels  and  restaurants,  nor  to  condensed  milk 
or  condensed  skimmed  milk  when  contained  in  hermetically  sealed 
cans.  ^The  provisions  of  this  section  shall  take  effect  April  1,  1920.) 
(S.  C,  §56.) 

As  amended  by  the  Board  of  Health,  December  21,  1915,  June  28,  1917,  and 
further  amended  January  22,  1920. 

Held  valid  in  People  ex  rel.  Lieberman  v.  Vandecarr,  81  App.  Div.  128.  Test 
of  validity  of  the  ordinance  is  its  reasonableness,  citing  cases.  Aff'd  175  N.  Y.  440, 
199  U.  S.  552. 

May  revoke  licenses.  Met.  Milk  and  Cream  Co.  v.  City  of  N.  Y.,  113  App. 
Div.  377,  aff'd  186  N.  Y.  533. 

Ordinance  forbidding  milk  to  be  sold  from  vehicle  in  street  without  a  license 
sustained.  People  ex  rel.  Larrabee  v.  Mulholland,  82  N.  Y.  324. 

Members  of  Board  of  Health  are  administrative  officers  and  not  judicial  and  may 
revoke  permit  without  notice  and  a  hearing.  People  ex  rel.  Lodes  v.  Dept.  of  Health, 
189  N.  Y.  187. 

Power  to  prescribe  conditions  on  which  milk  admitted  to  sale  in  N.  Y.  City, 
valid.  Does  not  infringe  on  powers  of  other  localities.  Bellows  v.  Raynor,  207 
N.  Y.  389,  affirming  145  App.  Div.  899. 

§  156.  Milk,  skimmed  milk  and  cream;  grades  and  designations. — 
All  milk,  skimmed  milk  or  cream  held,  kept,  offered  for  sale,  sold  or 
delivered  in  the  City  of  New  York  shall  be  so  held,  kept,  offered  for 
sale,  sold  or  delivered  in  accordance  with  the  Regulations  of  the 
Board  of  Health  and  under  any  of  the  following  grades  or  designa- 
tions and  not  otherwise: 

"Grade  A:  For  Infants  and  Children": 

1.  Milk,  skimmed  milk,  or  cream  (raw). 

2.  Milk,  skimmed  milk,  or  cream  (pasteurized). 
" Grade  B:  For  Adults": 

1.  Milk,  skimmed  milk,  or  cream  (pasteurized). 
"Grade  C:  For  Cooking  and  Manufacturing  Purposes  Only:" 
1.  Milk,  skimmed  milk  or  cream  not  conforming  to  the  require- 
ments of  any  of  the  subdivisions  of  Grade  A  or  Grade  B 
and  which  has  been  pasteurized  according  to  the  Regula- 
tions of  the  Board  of  Health  or  boiled  for  at  least  two  (2) 
minutes. 

"Condensed  Skimmed  Milk." 
"Condensed  or  Concentrated  Milk." 


qualit 
Kunr 


446  CODE  OP  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 

The  provisions  of  this  section  shall  apply  to  milk,  skimmed  milk 
or  cream  used  for  the  purpose  of  producing  or  used  in  preparation 
of  sour  milk,  buttermilk,  homogenized  milk,  milk  curds,  sour  cream, 
Smeteny,  Kumyss,  Matzoon,  Zoolak  and  other  similar  products  or 
preparations,  provided  that  any  such  product  or  preparation  be 
held,  kept,  offered  for  sale,  sold  or  delivered  in  the  City  of  New  York. 
(S.  C,  §  56a.) 

As  amended  by  the  Board  of  Health,  June  28,  1917. 

The  pasteurization  of  milk  required  by  order  of  Oct.  28,  1913,  does  not  authorize 
a  defendant  committing  a  public  nuisance  in  violation  of  §  1530,  Penal  Law.  People 
v.  Borden's  Condensed  Milk  Co.,  Special  Sessions,  Kings  Co.,  N.  Y.  Law  Journal, 
June  15,  1914. 

§  157.  Milk,  skimmed  milk  and  cream;  must  conform  to  grade 
standards. — All  milk,  skimmed  milk  or  cream  held,  kept,  offered  for 
sale,  sold  or  delivered  in  the  City  of  New  York  shall  conform  in 
character  to  the  standards  and  requirements  set  forth  in  Section  156 
of  this  Code  as  applicable  to  the  particular  grade  under  which  such 
milk  or  cream  shall  be  held,  kept,  offered  for  sale,  sold  or  delivered. 

As  amended  by  the  Board  of  Health,  June  28,  1917. 

§  158.  Buttermilk,  sour  milk,  sour  cream,  and  other  milk  products; 
lity  of  product  regulated. — Buttermilk,  sour  milks,  sour  cream, 
[umyss,  Matzoon,  Zoolak,  and  similar  products  shall  not  be  made 
from  any  milk  or  cream  of  a  less  grade  than  that  designated  for 
Grade  B  and  shall  be  pasteurized  before  being  put  through  a  process 
of  souring  or  fermentation.  .  Sour  cream  shall  not  contain  a  less  per- 
centage of  fat  than  that  designated  for  cream.  (S.  C.,  §  57.) 

§  159.  Bottles,  cans  and  other  receptacles  for  holding  milk,  skimmed 
milk  and  cream;  use  regulated  and  restricted. — It  shall  be  the  duty  of 
all  persons  haying  in  their  possession  bottles,  cans  or  other  receptacles 
containing  milk,  skimmed  milk  or  cream  which  are  used  in  the 
transportation  or  delivery  of  milk,  skimmed  milk  or  cream,  to  clean 
or  cause  them  to  be  cleaned  immediately  upon  emptying. 

No  person  shall  use  or  cause  or  allow  to  be  used  any  receptacle 
which  is  used  in  the  transportation  and  delivery  of  milk,  skimmed 
milk  or  cream  for  any  purpose  whatsoever  other  than  the  holding 
of  milk,  skimmed  milk  or  cream;  nor  shall  any  person  receive  or 
have  in  his  possession  any  such  receptacle  which  has  not  been  washed 
after  holding  milk,  skimmed  milk  or  cream  or  which  is  unclean  in 
anyway.  (S.  C.,  §  183.) 

As  amended  by  the  Board  of  Health,  June  28,  1917. 

Sustained,  must  be  construed  benevolently  and  not  unreasonable  because  some 
judges  do  not  entirely  agree  with  it.  People  v.  Fmdenberg,  209  N.  Y.  218. 

§  159a.  Empty  bottles,  cans  and  other  receptacles  for  holding  milk, 
skimmed  milk,  buttermilk,  cream,  or  ice  cream,  not  to  be  contaminated 
with  garbage  and  offensive  materials. — No  person  shall  place,  or  cause, 
or  allow  to  be  placed  in  or  on  any  street,  park,  or  any  open  space 
therewith-connected,  any  empty  bottle,  can,  or  other  receptacle  used 
or  intended  to  be  used  for  the  transportation  and  delivery  of  milk, 
skimmed  milk,  buttermilk,  cream,  or  ice  cream,  which  empty  bottle, 
can,  or  other  receptacle  is  to  be  returned  or  intended  to  be  returned 
to  the  person  so  transporting  or  delivering  such  substance  to  be 
again  thus  used  or  which  is  liable  to  continued  use  in  so  transporting 
or  delivering  such  substance,  as  aforesaid;  nor  shall  any  person  place, 


SANITARY  CODE  447 

or  cause,  or  allow  to  be  placed  in  any  such  empty  bottle,  can,  or 
other  receptacle,  any  refuse,  dirt,  garbage,  or  filth,  or  any  poison, 
or  any  offensive,  harmful,  or  deleterious  substance  or  material  what- 
soever; nor  shall  any  person  place,  or  keep  any  such  empty  bottle, 
can,  or  other  receptacle,  or  cause  or  allow  the  same  to  be  placed  or 
kept  in  any  place  which  is  used  for  storing  garbage,  ashes,  rubbish, 
refuse,  or  other  offensive,  harmful,  deleterious,  or  dangerous  sub- 
stances or  materials,  or  in  any  container  used  for  receiving  or  trans- 
porting the  same. 

It  shall  be  the  duty  of  the  owner  of  any  empty  bottle,  can,  or  other 
receptacle,  used  or  intended  to  be  used  for  the  transportation  and 
delivery  of  milk,  skimmed  milk,  buttermilk,  cream  or  ice  cream, 
to  collect  and  remove  the  same  promptly  and  the  owner  of  such  con- 
tainer shall  not  allow  the  same  to  accumulate  at  any  place  other  than 
their  own  premises. 

As  adopted  by  tiie  Board  of  Health,  July  25,  1921. 

§  160.  Calves,  pigs,  lambs,  Jish,  birds,  and  fowl;  sale  regulated. — 
No  calf,  or  the  meat  thereof,  shall  be  brought  into  the  City  of  New 
York  or  held,  sold,  or  offered  for  sale  for  human  food,  which,  when 
killed,  was  less  than  four  weeks  old.  No  pig,  or  the  meat  thereof, 
shall  be  brought  into  the  City  of  New  York  or  held,  sold,  or  offered 
for  sale  for  human  food,  which,  when  killed,  was  less  than  five  weeks 
old.  No  lamb,  or  the  meat  thereof,  shall  be  brought  into  the  City  of 
New  York  or  held,  sold,  or  offered  for  sale  for  human  food,  which, 
when  killed,  was  less  than  eight  weeks  old.  Nor  shall  any  meagre, 
sickly,  or  unwholesome  fish,  birds,  or  fowl  be  brought  into  said  city 
or  held,  sold,  or  offered  for  sale  for  human  food  therein.  (S.  C.,  §  43. 
As  amend.  Dec.  21,  1910.) 

§  161.  Cattle;  not  to  be  killed  while  in  an  overheated,  or  fererish  con- 
dition.— No  cattle  shall  be  killed  for  human  food  while  in  an  over- 
heated, or  feverish  condition.  (S.  C.,  §  44.) 

§  162.  Meat  and  dead  animals;  sale  regulated. — No  meat  or  dead 
animal  above  the  size  of  a  rabbit  shall  be  taken  to  any  public  or 
private  market,  nor  shall  any  such  meat  or  dead  animal  be  stored 
or  held,  kept,  offered  for  sale,  or  sold  in  any  such  place  until  the  same 
shall  have  been  fully  cooled  after  killing,  nor  until  the  entrails  and 
feet  (except  of  poultry  and  game  and  except  the  feet  of  swine)  shall 
have  been  removed.  (S.  C.,  §  45.) 

§  163.  Unhealthy,  unsound,  unwholesome,  and  unsafe  meat,  veg- 
etables and  milk;  possession  and  sale  prohibited;  terms  "meat,"  "veg- 
etables," and  "not  sound  "  defined. — No  meat,  vegetables,  or  milk, 
not  being  then  healthy,  fresh,  sound,  wholesome,  or  safe  for  human 
food  or  the  meat  of  any  animal  that  died  by  disease  or  accident, 
shall  be  brought  into  the  City  of  New  York  or  held,  kept,  offered 
for  sale,  or  sold  as  such  food,  or  kept  or  stored,  anywhere  in  said 
city.  The  term  "meat,"  as  herein  used,  shall  include  fish,  birds, 
eggs,  and  fowl;  the  term  "vegetables  "  shall  include  any  product, 
substance,  or  article  used  as  and  for  human  food  other  than  milk 
or  meat;  the  term  "not  sound  "  shall  include  any  vegetable  that  is 
wormy.  For  the  purpose  of  this  section,  any  meat,  vegetables,  or 
milk  in  possess!. m  of,  or  held,  kept,  or  offered  for  sale  by,  a  dealer 
in  food,  shall,  prima  facie,  be  deemed  to  be  held,  kept,  and  offered 
for  sale  a*  human  food.  (S.  C.,  §42.) 


448  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

§  164.  Shellfish,  sale  regulated. — No  shellfish  shall  be  brought  into, 
or  held,  kept,  or  offered  for  sale,  anywhere  in  the  City  of  New  York, 
without  a  permit  therefor  issued  by  the  Board  of  Health  or  other- 
wise than  in  accordance  with  the  terms  of  said  permit  and  with  the 
Regulations  of  said  Board.  The  provisions  of  this  section  shall  not 
apply  to  the  sale  of  shellfish  in  hotels  or  restaurants,  where  such 
shellfish  are  purchased  from  a  dealer  holding  a  permit  from  the  Board 
of  Health. 

As  amended  by  the  Board  of  Health,  April  29,  1920. 

§  165.  Artificial  or  natural  mineral,  spring,  or  other  waters,'  man- 
ufacture regulated. — It  shall  be  the  duty  of  every  wholesale  dealer, 
manufacturer,  importer,  or  other  person  who  manufactures  or  im- 
ports, or  sells  at  wholesale  in  the  City  of  New  York,  any  artificial  or 
natural  mineral,  spring,  or  other  water,  for  drinking  purposes,  to 
file,  under  oath,  with  the  Department  of  Health,  the  name  of  such 
water  and  the  exact  location  from  which  it  is  obtained,  the  chemical 
analysis  and  the  bacteriological  examination  thereof,  and,  when 
manufactured,  the  name  of  every  substance  or  element  entering  into 
its  composition. 

No  person  shall  manufacture  or  bottle,  any  mineral,  carbonated, 
or  table  water,  in  the  City  of  New  York,  without  a  permit  issued 
therefor  by  the  Board  of  Health  or  otherwise  than  in  accordance 
with  the  terms  of  said  permit  and  with  the  Regulations  of  said  Board. 
No  permit  will  be  required,  however,  where  the  City  Water  Supply 
is  conducted  through  closed  pipes  and  connected  vtith  a  carbonated 
apparatus,  from  which  it  is  dispensed  direct  to  the  consumer,  without 
coming  in  contact  \vith  the  air,  and  not  handled  in  any  way.  (S.  C., 
§59.) 

§  166.  Public  water  supply;  purity  and  wholesomeness  protected. — 
No  person  shall  throw  or  allow  to  run  or  pass  into  any  public  reser- 
voir, waterpipe,  or  aqueduct,  or  into  or  upon  any  border  or  margin 
thereof,  any  excavation  or  stream  therewith  connected,  any  animal, 
vegetable,  or  mineral  substance  whatever;  nor  shall  any  person 
{having  the  power  or  right  to  prevent  the  same)  do  or  permit  any 
act  or  thing  that  will  impair  or  imperil  the  purity  or  wholesomeness 
of  any  water  or  other  fluid  used  or  intended  to  be  used  as  a  drink, 
in  any  part  of  said  city;  nor  shall  any  person  bathe  or  (except  in 
the  discharge  of  a  public  duty)  put  any  part  of  his  person  into  such 
water,  nor  shall  any  unauthorized  person  open  any  erection  or  un- 
screw any  hydrant  holding  such  water.  (S.  C.,  §  61.) 

§  167.  Water;  duties  of  persons  in  authority. — It  shall  be  the  duty 
of  every  person,  official,  department  and  board,  having  any  au- 
thority and  control  in  regard  to  any  water  intended  for  human  con- 
sumption (and  within  the  proper  sphere  of  the  duty  of  each  thereof), 
to  take  all  usual  and  also  all  reasonable  measures  and  precautions 
to  secure  and  preserve  the  purity  and  wholesomeness  of  such  water. 
(S.  C.,  §  62.) 

§  168.  Water  from  wells;  the  use  thereof  regulated  and  restricted. — 
Water  from  wells  in  the  Borough  of  Manhattan  shall  not  be  used, 
in  the  City  of  New  York,  for  drink;  nor  shall  water  from  wells  in  the 
Borough  of  Manhattan  be  used  for  any  other  purpose  in  any  ten- 
ement, lodging-house,  hotel,  manufactory,  or  building,  in  which  per- 
sons are  living  or  employed,  or  in  which  there  are  offices,  or  a  res- 


SANITARY  CODE  449 

taurant  or  saloon,  in  the  City  of  New  York,  without  a  permit 
therefor  issued  by  the  Board  of  Health  or  otherwise  than  in  accord- 
ance with  the  terms  of  said  permit  and  the  Regulations  of  the  said 
Board.  Water  from  wells  in  the  other  Boroughs  of  said  city,  other 
than  the  public  water  supply,  shall  net  be  used  in  any  tenement  or 
lodging-house,  hotel,  manufactory,  or  building,  in  which  persons  are 
living  or  employed,  or  in  which  there  are  offices,  or  a  restaurant  or 
saloon,  without  a  permit  therefor  issued  by  the  Board  of  Health  or 
otherwise  than  in  accordance  with  the  terms  of  said  permit  and  the 
Regulations  of  the  said  Board.  (S.  C.,  §  63.) 

§  169.  Drinking  hydrants;  water  therefrom  not  to  be  rendered  un- 
wholesome.— No  person  shall  destroy  or  in  anywise  injure  or  impair 
any  drinking  hydrant,  or  part  thereof,  in  the  City  of  New  York; 
nor  shall  any  person  interefere  with  the  use  or  enjoyment  of  the 
water  therein  or  therefrom,  or  interrupt  the  flow  thereof;  nor  shall 
any  person  put  any  dirty,  poisonous,  medicinal,  or  noxious  sub- 
stance into  or  near  said  water  or  hyarant,  whereby  such  water  is 
made  or  may  be  regarded  as,  dangerous  or  unwholesome  as  a  drink. 
(S.  C.,  §64.) 

§  170.  Ice  cream;  manufacture  in  and  bringing  into  the  City  of  New 
York  regulated. — No  ice  cream  shall  be  manufactured  in  or  brought 
into  the  City  of  New  York  for  sale  without  a  permit  therefor  issued 
by  the  Board  of  Health  or  otherwise  than  in  accordance  with  the 
terms  of  said  permit  and  with  the  Regulations  of  said  Board.  (New. 
Passed  May  31,  1916.) 

§  171.  Shellfish,  sale  of  adulterated  or  misbranded  prohibited. — No 
person  shall  bring  into  the  City  of  New  York,  or  have,  sell,  or  offer 
for  sale  shellfish  which  are  adulterated  or  misbranded. 

Shellfish  shall  be  deemed  adulterated: 

(1)  If,  after  removal  from  the  shell,  they  have  been  subjected 
to  a  process  whereby  their  solid  content  is  decreased  or  their  volume 
increased. 

(2)  If  grown,  floated  or  cleansed  in  contaminated  water  so  as  to 
render  them  unfit  for  food. 

(3)  If  they  consist,  wholly  or  in  part,  of  diseased,   decomposed, 
putrid,  or  rotten  animal  or  vegetable  substance. 

(4)  If  they  contain  any  antiseptic  or  preservative  injurious  to 
health. 

(5)  If  they  are  floated  in  water  of  a  lower  salinity  than  the  water 
in  which  they  are  grown. 

(6)  If  any  substance  or  substances  has  or  have  been  mixed  and 
backed  with  them  so  as  to  reduce  or  lower  or  injuriously  affect  their 
quality  or  strength. 

(7)  If  after  removal  from  the  shell  they  are  cleansed  in  fresh  water 
or  water  of  a  lower  salinity  than  the  water  in  which  they  are  grown. 

Shellfish  shall  be  deemed  misbranded: 

(a)  If  they  are  labeled  or  branded  so  as  to  deceive  or  mislead  the 
purchaser. 

(b)  If  the  container  or  its  label  shall  bear  any  statement,  design, 
or  device,  regarding  the  shellfish  or  the  other  ingredients  contained 
therein,  which  statement,  design,  or  device  shall  be  false  or  mis- 
loud  ing  in  any  particular. 

Aa  amended  by  the  Board  of  Health,  April  29,  1920. 


450  CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK 

§  172.  Bringing  into  the  City  of  New  York  of  the  carcasses  of  certain 
animals  restricted. — No  carcasses  or  parts  of  the  carcasses  of  cows, 
bulls,  steers  or  swine  shall  be  brought  into  the  City  of  New  York 
until  they  shall  respectively  have  been  inspected  and  passed  as  fit 
for  human  food  by  a  duly  authorized  inspection  of  the  United  States 
Government  or  of  any  state  or  municipality  and  shall  have  been 
marked,  stamped,  branded,  tagged  or  labeled,  as  having  been  so 
inspected  and  passed.  Provided,  however,  the  provisions  of  this 
section  shall  not  apply  to  the  carcasses  of  cows,  bulls,  steers  or  swine 
to  which  are  attached,  by  their  natural  connections,  the  head, 
including  the  tongue,  the  lungs,  the  liver,  the  heart,  the  pleura,  the 
peritoneum  and  all  body  lymph  glands. 

As  adopted  by  the  Board  of  Health,  June  28,  1917. 
New. 

§  173.  Adulterated  skimmed  milk)  distribution  prohibited j  term 
"adulterated"  defined. — No  skimmed  milk  which  is  adulterated  shall 
be  brought  into  the  City  of  New  York  or  held,  kept,  sold  or  offered 
for  sale  in  said  city;  nor  shall  any  person  or  corporation  keep,  have, 
sell  or  offer  for  sale  in  the  said  city  any  such  skimmed  milk. 

The  term  "skimmed  milk"  shall  be  taken  to  mean:  Milk  from 
which  all  or  part  of  the  cream  has  been  removed. 

For  the  purpose  of  this  section  any  skimmed  milk  in  possession  of 
or  held,  kept  or  offered  for  sale  by  a  dealer  in  food  shall  prima  facie 
be  deemed  to  be  held,  kept  and  offered  for  sale  as  human  food. 

The  term  "adulterated"  shall  be  taken  to  mean  and  include: 

First.  Skimmed  milk  containing  less  than  eight  per  centum  of 
milk  solids  other  than  fat. 

Second.  Skimmed  milk  from  milk  which  has  been  drawn  from 
animals  within  fifteen  days  before  or  five  days  after  parturition. 

Third.  Skimmed  milk  from  milk  which  has  been  drawn  from 
animals  fed  on  distillery  waste  or  any  substance  in  a  state  of  putre- 
faction or  on  any  unwholesome  food. 

Fourth.  Skimmed  milk;  from  milk  which  has  been  drawn  from 
cows  kept  in  a  crowded  or  unhealthy  condition. 

Fifth.  Skimmed  milk  which  has  been  diluted  with  water  or  any 
other  fluid  or  to  which  has  been  added  or  into  which  has  been  in- 
troduced any  foreign  substance  whatever. 

Sixth.  Skimmed  milk,  the  temperature  of  which  is  higher  than 
50  degrees  Fahrenheit  or  which  contains  an  excessive  number  of 
bacteria. 

Seventh.  Skimmed  milk  from  milk  which  is  produced  in  violation 
of  the  Regulations  of  the  Board  of  Health. 

As  adopted  by  the  Board  of  Health,  June  28,  1917. 

§  174.  Reconstituted-milk  and  reconstituted-cream;  sale  regulated. — 
No  reconstituted-milk  or  reconstituted-cream  shall  be  brought  into 
the  City  of  New  York,  or  manufactured,  held,  kept,  sold,  or  offered 
for  sale  at  any  place  in  said  City  without  a  permit  therefor  issued 
by  the  Board  of  Health  or  otherwise  than  in  accordance  with  the 
terms  of  said  permit  and  the  Regulations  of  said  Board. 

Adopted  December  6,  1918. 

§  175.  Adulterated  reconstituted-milk  and  reconstituted-cream. — No 
reconstituted-milk  or  reconstituted-cream  which  is  adulterated,  re- 


SANITARY  CODE  451 

duced  or  changed  in  any  respect  by  the  addition  of  water  or  other 
substances  shall  be  brought  into  the  City  of  New  York  or  held, 
kept,  sold,  or  offered  for  sale,  at  any  place  in  said  City:  nor  shall  any 
person,  firm  or  corporation  keep,  have,  or  offer  for  sale  in  said  City 
any  such  reconstituted-milk  or  reconstituted-cream. 

Reconstituted-milk  or  reconstituted-cream  in  the  possession  of  or 
held,  kept  or  offered  for  sale  by  a  dealer  in  food  shall,  prima  facie, 
be  deemed  to  be  held,  kept,  and  offered  for  sale  as  human  food. 

The  term  "  adulterated"  shall  be  taken  to  mean  and  include: 

First.  Reconstituted-milk  containing  more  than  eighty-eight  and 
one-quarter  per  centum  of  water  or  fluids. 

Second.  Reconstituted-milk  containing  less  than  eleven  and  three- 
quarter  per  centum  of  milk  solids. 

Third.  Reconstituted-milk  containing  less  than  eight  and  one- 
half  per  centum  of  solids  not  fat. 

Fourth.  Reconstituted-milk  containing  less  than  three  and  one- 
quarter  per  centum  of  fats. 

Fifth.  Reconstituted-cream  which  contains  less  than  eighteen  per 
centum  of  butter  fat. 

Sixth.  Reconstituted-milk  or  reconstituted-cream  made  from  in- 
gredients which  are  rancid,  impure,  unwholesome,  adulterated,  un- 
clean, contaminated,  or  otherwise  unfit  for  human  consumption. 

Seventh.  Reconstituted-milk  or  reconstituted-cream  which  has 
been  diluted  with  water  or  any  other  fluid,  or  to  which  has  been 
added,  or  into  which  has  been  introduced,  any  foreign  substance 
whatever. 

Eighth.  Reconstituted-milk  or  reconstituted-cream,  the  tempera- 
ture of  which  is  higher  than  fifty  degrees  Fahrenheit,  or  which  con- 
tains an  excessive  number  of  bacteria. 

Ninth.  Reconstituted-milk  or  reconstituted-cream  which  is  pro- 
duced in  violation  of  the  Regulations  of  the  Board  of  Health. 

Adopted  December  6,  1918. 

§  176.  Bottles,  cans,  and  other  receptacles  for  holding  reconstituted- 
milk  and  reconstituted-cream;  use  regulated  and  restricted. — It  shall 
be  the  duty  of  all  persons  having  in  their  possession  bottles,  cans,  or 
other  receptacles  containing  reconstituted-milk  or  reconstituted- 
cream,  which  are  used  in  the  transportation  or  delivery  of  recon- 
stituted-milk or  reconstituted-cream,  to  clean  or  caused  them  to  be 
cleaned  immediately  upon  emptying. 

No  person  shall  use  or  cause  or  allow  to  be  used  any  receptacle 
which  is  used  in  the  transportation  and  delivery  of  reconstituted- 
milk  or  reconstituted-cream,  for  any  purpose  whatsoever  other  than 
the  holding  of  reconstituted-milk  or  reconstituted-cream;  nor  shall 
any  person  receive  or  have  in  his  possession  any  such  receptacle 
which  has  not  been  washed  after  holding  reconstituted-milk  or 
reconstituted-cream,  or  which  is  unclean  in  any  way. 

Adopted  December  6,  1918. 

§  177.  Ice  cream;  sale  of  adulterated  or  misbranded  prohibited;  the 
terms  "ice  cream,"  "adulterated"  and  "misbranded"  defined. — No 
person  shall  bring  into,  or  have,  sell,  or  offer  for  sale  in  the  City  of 
New  York,  any  ice  cream  which  is  adultered  or  misbranded.  The 
term  "ice  cream"  us  herein  used  shall  be  taken  to  mean  and  include 


452  CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK 

the  frozen  product  or  mixture  made  from  pasteurized  cream,  milk, 
or  product  of  milk,  sweetened  with  sugar,  to  which  has  been  added 
pure,  wholesome  food  gelatin,  vegetable  gum  or  other  thickener, 
with  or  without  wholesome  flavoring  extract,  fruits,  nuts,  cocoa, 
chocolate,  eggs,  cake,  candy  or  confections,  and  which  contains  nob 
less  than  eight  per  cent  (8%),  by  weight,  of  milk  (butter)  fat. 
Ice  cream  as  herein  denned  shall  be  deemed  adulterated: 

(1)  If  any  substance  or  substances  has  or  have  been  mixed  and 
packed  with  it  so  as  to  reduce  or  lower  or  injuriously  affect  its  qual- 
ity or  strength. 

(2)  If  any  inferior  or  cheaper  substance  has  been  substituted 
wholly  or  in  part  for  the  article. 

(3)  If  any  valuable  constituent  of  the  article  has  been  wholly  or 
in  part  abstracted. 

(4)  If  it  consists  wholly  or  in  part  of  diseased  or  decomposed  or 
putrid  or  rotten  animal  or  vegetable  substance,  or  any  portion  of  any 
animal  unfit  for  food,  or  if  it  is  a  product  of  a  diseased  animal,  or 
one  that  has  died  otherwise  than  by  slaughter. 

(5)  If  it  contains  any  added  poisonous  ingredient,  or  any  ingredi- 
ent which  may  render  it  injurious  to  health;  or  if  it  contains  any 
antiseptic  or  preservative  not  evident  and  not  known  to  the  purchaser 
or  consumer. 

(6)  If  it  contains  chrome  yellow,  saccharin,  salts  of  copper,  iron 
oxide,  formaldehyde,  boric  acid,  ochres,  or  other  mineral  substance 
or  poisonous  color  or  flavor,  or  other  ingredient  deleterious  or  det- 
rimental to  health. 

(7)  If  it  contains  less  than  eight  per  cent  (8%)  by  weight,  of  milk 
(butter)  fat. 

(8)  If  it  contains  more  than  one  per  cent  (1%)  of  pure,  whole- 
some, gelatin,  vegetable  gum,  or  other  thickener. 

(9)  If  it  contains  any  added  vegetable  or  mineral  oils  or  fats. 
Ice  cream  shall  be  deemed  misbranded: 

(a)  If  it  is  an  imitation  or  offered  for  sale  under  the  distinctive 
name  of  another  article  or  is  labeled  or  branded  so  as  to  deceive  or 
mislead  the  purchaser. 

(b)  If  in  package  form  and  the  contents  are  stated  in  the  terms  of 
weight  or  measure,  such  weight  or  measure  is  not  plainly  and  cor- 
rectly stated  on  the  outside  of  the  package. 

(c)  If  the  package  or  its  label  shall  bear  any  statement,  design, 
or  device  regarding  the  ingredients  or  the  substances  contained 
therein,  which  statement,  design,  or  device  shall  be  false  or  mislead- 
ing in  any  particular. 

The  provisions  of  this  section  shall  not,  however,  apply  to  mix- 
tures or  compounds  which  may  be  now,  or  from  time  to  time  here- 
after, known  under  their  own  distinctive  names  and  not  an  imitation 
of  or  offered  for  sale  under  the  distinctive  name  of  ice  cream,  if  the 
name  be  accompanied  on  the  same  label  or  brand  with  a  statement 
of  the  date  and  place  where  said  article  has  been  manufactured  or 
produced. 

As  adopted  by  the  Board  of  Health,  April  29,  1920. 

§  178.  Food  gelatin;  sale  of  adulterated  or  misbranded  prohibited; 
the  term  "food  gelatin,"  "adulterated"  and  "misbranded"  defined. — No 
person  shall  bring  into,  or  have,  keep,  offer  for  sale,  or  sell,  in  the 


SANITARY   CODE  453 

City  of  New  York,  any  food  gelatin  which  is  adult ered  or  mis- 
branded.  The  term  food  gelatin  as  herein  used  shall  be  taken  to 
mean  and  include  a  purified  product  of  gelatin  prepared  from  the 
bones,  hides,  hoofs,  horns  and  tissues  of  animals. 

Food  gelatin  as  herein  defined  shall  be  deemed  adulterated: 

(1)  If  any  substance  or  substances  has  or  have  been  mixed  and 
packed  with  it  so  as  to  reduce  or  lower  or  injuriously  affect  its  quality 
or  strength. 

(2)  If  any  inferior  or  cheaper  substance  has  been  substituted 
wholly  or  in  part  for  the  article. 

(3)  If  it  consists  wholly  or  in  part  of  diseased  or  decomposed  or 
putrid  or  rotten  animal  or  vegetable  substance,  or  if  it  is  a  product 
of  a  diseased  animal. 

(4)  If  it  is  colored  or  coated  or  powdered  whereby  damage  is 
concealed  or  it  is  made  to  appear  better  than  it  really  is. 

(5)  If  it  contains  any  antiseptic  or  preservative  not  evident  and 
not  known  to  the  purchaser  or  consumer. 

(6)  If  it  contains  more  than  thirty  (30)  parts  per  million  of  copper, 
or  one  and  four-tenths  (1.4)  parts  per  million  of  arsenic,  or  one  hun- 
dred (100)  parts  per  million  of  zinc,  or  twenty  (20)  parts  per  million 
of  lead,  or  three  hundred  (300)  parts  per  million  of  tin,  or  two  one- 
hundredths  of  one  per  cent  (.02%)  of  sulphur  dioxide,  or  any  other 
added  poisonous  ingredient,  or  any  ingredient  which  may  render  it 
injurious  to  health. 

Food  gelatin  as  herein  defined  shall  be  deemed  misbranded: 

(a)  If  it  is  an  imitation  or  offered  for  sale  under  the  distinctive 
name  of  another  article. 

(b)  If  it  is  labeled  or  branded  so  as  to  deceive  or  mislead  the  pur- 
chaser, or  purport  to  be  a  foreign  product  when  not  so;  or  if  the  con- 
tents of  the  package  as  originally  put  up  shall  have  been  removed 
in  whole  or  in  part  and  other  contents  shall  have  been  placed  in  such 
package. 

(c)  If  in  package  form  and  the  contents  are  stated  in  terms  of 
weight  or  measure,  such  weight  or  measure  is  not  plainly  and  cor- 
rectly stated  on  the  outside  of  the  package. 

(d)  If  the  package  or  label  shall  bear  any  statement,  design,  or 
device,  regarding  the  ingredients  or  the  substances  contained  therein, 
which  statement,  design,  or  device  shall  be  false  or  misleading  in 
any  particular. 

As  adopted  by  the  Board  of  Health,  April  29,  1920. 

§  179.  Prohibiting  the  manufacture,  sale  and  distribution  of  imita- 
tion milk  and  cream. — No  person  shall  sell,  or  exchange,  or  offer 
or  expose  for  sale  or  exchange,  any  substance  in  imitation  or  sem- 
blance of  milk  or  cream  which  is  not  milk  or  cream,  nor  sell,  or  ex- 
change, or  offer  or  expose  for  sale,  or  exchange,  any  such  substance 
as  and  for  milk  or  cream,  or  sell,  or  exchange,  or  offer  or  expose  for 
sale,  or  exchange,  any  article  of  food  made  from  such  milk  or  cream, 
or  manufacture  from  any  such  milk  or  cream  any  article  of  food. 

As  adopted  by  the  Board  of  Health,  March  24,  1921. 

§  180.  The  use  of  unclean  and  unsanitary  food  receptacles  jyrohibitedj 
to  be  cleaned  after  being  used. — No  person  shall  use,  or  cause,  or  allow 
to  be  used  in  the  transportation,  storage,  or  delivery  of  food,  in- 


454  CODE  OF  ORDINANCES  OF  THE  CITY   OF  NEW  YORK 

tended  for  human  consumption,  any  bottle,  can,  jar,  box,  barrel, 
or  other  receptacle  which  is  unfit  to  be  so  used  by  reason  of  being 
unclean  or  unsanitary  or  in  a  condition  that  would  tend  to  cause 
such  food  to  become  poisoned,  infected,  unwholesome,  or  unfit  for 
human  consumption. 

It  shall  be  the  duty  of  all  persons  having  in  their  possession  bottles, 
cans,  jars,  boxes,  barrels,  or  other  receptacles  containing  food,  in- 
tended for  human  consumption,  which  are  used  or  intended  to  be 
again  used  in  the  transportation,  storage,  or  delivery  of  such  food, 
to  clean  or  cause  them  to  be  cleaned  immediately  upon  emptying. 

As  adopted  by  the  Board  of  Health,  May  26,  1921. 


ARTICLE  10 

GENERAL  PROVISIONS 

Sec.  181.  Misfeasance  and  nonfeasance. 

§  182.  Contractors  must  comply  with  provisions  of  the  Sanitary 

Code. 

§  183.  Nuisances;  conditions  dangerous  or  prejudicial  to  life  or 
health;  duties  of  persons  responsible. 

184.  Regulations  and  orders;  to  be  observed  and  obeyed. 

185.  Abatement  of  nuisances. 

186.  Interfering  with  or  obstructing  an  inspector. 

187.  False,  untruthful,  or  misleading  statements. 

188.  Affidavit  of  chemist;  presumptive  evidence  of  facts. 

189.  Notices  not  to  be  mutilated  or  torn  down. 

190.  Clinical  thermometers;  sale  regulated. 

Sec.  181.  Misfeasance  and  nonfeasance. — No  person  shall,  know-, 
ingly,  or  carelessly  or  negligently,  do  or  contribute  to  the  doing  of, 
any  act  dangerous  to  the  life  or  detrimental  to  the  health,  of  any 
human  being,  provided,  however,  that  the  foregoing  provisions  of 
this  section  shall  not  apply  to  a  necessary  act  authorized  by  law;  nor 
shall  any  person  omit  to  do  any  reasonable  and  proper  act,  or  to 
take  any  reasonable  or  proper  precaution,  to  protect  human  life 
and  health.  (S.  C.,  §  8.) 

§  182.  Contractors  must  comply  with  promsions  of  the  Sanitary 
Code. — Every  contractor,  to  whom  reference  is  made  in  the  Sanitary 
Code,  and  every  person  who  shall  have  contracted  or  undertaken, 
or  shall  be  bound,  to  do,  or  shall  be  engaged  in  doing,  any  of  the 
things  to  which  any  of  the  provisions  of  the  Sanitary  Code  relate, 
shall  comply  with  all  provisions  of  the  said  Code  applying  to  the 
work  undertaken  or  to  be  undertaken,  and  he  shall  not  be  excused 
for  non-compliance  with  any  of  the  said  provisions  because  of  any 
direction  given  by  any  other  person.  (S.  C.,  §  9.) 

§  183.  Nuisances;  conditions  dangerous  or  prejudicial  to  life  or 
health;  duties  of  persons  responsible. — It  is  hereby  declared  to  be  the 
duty  of  every  owner,  part  owner,  lessee,  tenant,  and  occupant,  of, 
or  person  interested  in,  any  place,  water,  ground,  room,  stall,  apart- 
ment, building,  erection,  vessel,  vehicle,  matter,  and  thing,  in  the 
City  of  New  York,  and  of  every  person  conducting  or  interested  in 


SANITARY  CODE  455 

business  therein  or  thereat,  and  of  every  person  who  has  undertaken 
to  clean  any  place,  ground,  or  street,  in  the  said  City,  and  of  even- 
person,  public  officer,  and  department,  having  charge  of  any  ground, 
place,  building,  or  erection,  in  the  said  City,  to  keep,  place,  and  pre- 
serve the  same  and  the  sewerage,  drainage,  and  ventilation  thereof 
in  such  condition,  and  to  conduct  the  same  in  such  manner,  that  it 
shall  not  be  a  nuisance  or  be  dangerous  or  prejudicial  to  life  or  health. 
The  term  "building"  as  used  in  this  section,  includes  a  railway  car, 
booth,  tent,  shop  or  other  erection  or  enclosure.  (S.  C.,  §  10.) 

§  184.  Regulations  and  orders,'  to  be  observed  and  obeyed. — No 
person  shall  violate,  or  refuse  or  neglect  to  comply  with,  any  reg- 
ulation or  order  of  the  Board  of  Health,  made  for  carrying  into  effect 
the  provisions  of  this  Code,  the  powers  of  the  said  Board,  or  the 
laws  of  this  State;  and  the  violation  of,  or  the  refusal  or  neglect  to 
comply  with,  any  such  regulation  or  order  which  relates  to  the  provi- 
sions of  any  section  of  this  Code  shall  be  deemed  a  violation  of  such 
section.  (S.  C.,  §  11.) 

But  no  penalty  can  be  recovered  for  a  disobedience  of  an  order  unless  one 
i.s  prescribed.  Health  Dept.  v.  Knoll,  70  N.  Y.  530. 

§  185.  Abatement  of  nuisances. — Whenever  in  any  place  or  on  any 
premises  in  the  City  of  New  York  a  nuisance  shall  have  been  found, 
or  declared  by  resolution  of  the  Board  of  Health  to  exist,  and  an 
order  shall  have  been  made  directing  the  owner,  lessee,  tenant,  or 
occupant  of  such  place  or  premises  to  make  suitable  and  necessary 
repairs  or  improvements,  or  to  abate  the  said  nuisance,  such  repairs 
or  improvements  shall  be  made,  and  such  nuisance  shall  be  fully 
abated,  within  the  time  specified  in  said  order.  (S.  C.,  §  14.) 

§  186.  Interfering  with  or  obstructing  an  inspector. — No  person 
shall  interfere  with  or  obstruct  any  Inspector  or  other  duly  authorized 
representative  of  the  Department  of  Health  when  making  the  in- 
spections or  examinations  required  by  the  Board  of  Health,  or  when 
executing  its  orders.  (S.  C.,  §  12.) 

§  187.  False,  untruthful,  or  misleading  statements. — No  person  shall 
make  any  false,  untruthful,  or  misleading  statement  in  any  applica- 
tion for  a  permit  from  the  Board  of  Health.  (S.  C.,  §  15.) 

§  188.  Certificate  of  chemist;  presumptive  evidence  of  facts. — Every 
certificate  duly  signed  and  acknowledged,  of  a  chemist,  analyst,  or 
other  expert,  employed  by  the  Board  of  Health  of  the  Department 
of  Health  of  the  City  of  New  York,  relating  to  any  analysis,  ex- 
amination, or  investigation,  made  by  such  chemist,  analyst,  or 
expert  in  respect  to  any  matter,  product,  or  thing,  which  the  said 
Board  has  authority  to  examine  or  investigate,  or  may  cause  to  be 
examined  or  investigated,  shall  be  presumptive  evidence  of  the  facts 
therein  set  forth.  (S.  C.,  §  69a;  as  amended,  May  6,  1920.) 

§  189.  Notices  not  to  be  mutilated  or  torn  down.— No  person  shall 
interfere  with  or  obstruct,  mutilate,  or  tear  down,  any  notice  of  the 
Department  of  Health  posted  in  or  on  any  premises  in  the  City  of 
New  York.  (S.  C.,  §  137.) 

§  190.  Clinical  thermometers;  sale  regulated.  No  person  shall 
sell,  offer  for  sale,  deal  in  or  supply  or  have  in  his  possession  with 
intent  to  sell,  offer  for  sale,  deal  in  or  supply,  any  inaccurate  clinical 
thermometer.  Every  manufacturer  of  clinical  thermometers  shall, 
before  offering  any  such  clinical  thermometers  for  sale  in  the  City 


456  CODE   OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

of  New  York,  test  the  same  or  cause  the  same  to  be  tested  in  ac- 
cordance with  the  Regulations  of  the  Board  of  Health.  The  term 
"clinical  thermometer"  as  herein  used,  shall  be  taken  to  mean  and 
include  every  thermometer  intended  for  taking  the  temperature  of 
human  beings  and  animals.  The  term  "standard  clinical  ther- 
mometer" as  herein  used,  shall  be  taken  to  mean  and  include  a 
clinical  thermometer  certified  by  the  Department  of  Health  as  cor- 
rect after  having  been  tested  and  compared  with  the  official  clinical 
thermometer  maintained  by  the  Department  of  Health  and  certified 
to  and  corrected  by  the  United  States  Department  of  Commerce 
and  Labor,  Bureau  of  Standards. 

A  clinical  thermometer,  as  herein  defined,  shall  be  deemed  in- 
accurate: 

(1)  If,  when  tested  with  a  standard  clinical  thermometer,  the 
mercury  fails  to  register  within  plus  or  minus  two-tenths  (0.2)  of  a 
degree  Fahrenheit,  or  its  equivalent  on  the  centigrade  scale,  of  the 
mercury  in  a  standard   clinical  thermometer  when   compared  at 
ninety-six  (96),  one  hundred  (100),  one  hundred  and   four  (104) 
and  one  hundred  and  six  (106)  degrees  Fahrenheit,  respectively, 
or  their  equivalents  on  the  centigrade   scale,  or  if,  when  so  tested 
a  variance  is  found  to  exist  in  excess  of  three-tenths  (0.3)  of  a  degree 
Fahrenheit,  or  its  equivalent  on  the  centigrade  scale,  between  any  of 
the  points  compared; 

(2)  If  the  mercury  column,  by  reason  of  its  own  weight,  or  for  any 
reason  other  than  through  the  application  of  force,  retreats  in  the 
tube  at  any  point  in  the  scale; 

(3)  If  its  scale  fails  to  show  accurately,  clearly  and  legibly,  gradu- 
ation lines  and  numbers  from  ninety-six  (96)  to  one  hundred  and  six 
(106)  degrees  Fahrenheit,  or  their  equivalents  on  the  centigrade  scale; 

(4)  If  the  maker's  name  or  trade-mark  is  not  clearly  and  legibly 
engraved  thereon,  or  where  the  trade-mark  appears  thereon,  such 
trade-mark  has  not  been  filed  with  the  Department  of  Health. 

The  provisions  of  this  section  shall  take  effect  on  the  1st  day  of 
October,  1920. 

As  adopted  by  the  Board  of  Health,  July  29,  1920. 


ARTICLE  11 

MIDWIFERY  AND  CARE  OF  CHILDREN 

Sec.  196.  Practice  of  midwifery  regulated. 
§  197.  Board  and  care  of  children  regulated. 
§  198.  Day  nurseries;  conduct  thereof  regulated. 
§  199.  Vaccination;  duties  of  parents,  guardians,  and  others. 
§  200.  Physical  care  of  school  children. 

Sec.  196.  Practice  of  midwifery  regulated. — No  person  other  than 
a  duly  licensed  physician  shall  practice  midwifery  in  the  City  of 
New  York  without  a  permit  therefor  issued  by  the  Board  of  Health 
or  otherwise  than  in  accordance  with  the  terms  of  said  permit  and 
with  the  Regulations  of  said  Board.  (S.  C.,  §  184.) 

§  197.  Board  and  care  of  children  regulated. — No  person  other  than 


SANITARY  CODE  457 

a  superintendent  of  the  poor,  a  superintendent  of  almshouses,  or  an 
institution  duly  incorporated  for  the  purpose,  shall  receive,  board, 
or  keep,  except  under  legal  commitment,  any  nursing  child,  or  any 
child  under  the  age  of  twelve  years  who  is  not  a  relative,  pupil,  or 
ward,  or  an  apprentice,  of  such  person,  without  a  permit  therefor 
issued  by  the  Board  of  Health  or  otherwise  than  in  accordance  with 
the  terms  of  said  permit  and  with  the  Regulations  of  said  Board. 
(S.  C.,  §  191.) 

§  198.  Day  nurseries;  conduct  thereof  regulated. — No  day  nursery 
shall  be  conducted  in  the  City  of  New  York  without  a  permit  there- 
for issued  by  the  Board  of  Health  or  otherwise  than  in  accordance 
with  the  terms  of  said  permit  and  with  the  Regulations  of  said 
Board.  (S.  C.,  §  25.) 

§  199.  Vaccination;  duties  of  parents,  guardians,  and  others. — 
Every  person,  being  the  parent  or  guardian,  or  having  the  care, 
custody  or  control  of  any  minor,  or  other  individual,  shall  (to  the 
extent  of  any  means,  power,  and  authority  of  said  parent,  guardian, 
or  other  person  that  could  properly  be  used  or  exerted  for  such  pur- 
pose cause  such  minor  or  individual  to  be  so  promptly,  frequently, 
and  effectively  vaccinated  that  such  minor  or  individual  shall  not 
take,  or  be  liable  to  take  the  smallpox.  (S.  C.,  §  147.) 

§  200.  Physical  care  of  school  children. — A  health  certificate  pre- 
pared in  accordance  with  the  Regulations  of  the  Department  of 
Health,  and  signed  by  a  duly  licensed  physican  authorized  to  prac- 
tice medicine  in  the  State  of  New  York  shall  be  furnished  by  each 
pupil  at  the  time  of  his  or  her  admission  to  a  public  or  other  free 
school  supported  in  whole  or  in  part  by  funds  obtained  from  direct 
taxation. 

If  any  such  pupil  shall  not  present  a  health  certificate,  as  required 
herein,  the  principal  or  teacher  in  charge  of  the  school  shall  cause  a 
notice  to  be  promptly  sent  to  the  parent,  guardian,  or  other  person 
having  the  care,  custody,  or  control  of  such  pupil  to  the  effect  that, 
if  the  required  health  certificate  be  not  presented  within  ton  days 
thereafter,  a  physical  examination  of  such  pupil  will  be  made  by  a 
medical  inspector  of  the  Department  of  Health. 

Every  principal  or  teacher,  in  charge  of  a  public  or  other  free 
school  supported  in  whole  or  in  part  by  funds  obtained  from  direct 
taxation,  shall  report  to  the  medical  inspector  of  the  Department  of 
Health,  having  jurisdiction  over  the  health  of  the  pupils  in  such 
school  the  names  of  all  pupils  who  shall  not  have  furnished  such 
health  certificate  within  ten  days  following  the  date  of  the  sending 
of  such  notice. 

ARTICLE  12 

MISCELLANEOUS  PROVISIONS 

Sec.  211.  Discharge  of  dense  smoke  prohibited. 

§  212.  Nuisance  caused  by  the  discharge  or  escape  of  cinders, 
dust,  gas,  steam,  or  offensive  or  noisome  odors  prohibited. 
§213.  Spitting  forbidden. 
§  214.  Use  of  common  towels  prohibited. 
§  215.  Noise  from  animals  and  birds  prohibited. 


458  CODE  OF  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 

§  216.  Smoking  in  subway  prohibited. 

§  217.  Establishment  and  maintenance  of  tents  and  camps  regu- 
lated. 

§  218.  Physicians  required  to  register  in  the  Department  of 
Health. 

§219.  Nurses. 

§  220.  Hospitals;  permit  required;  exception. 

§  221.  Growth  of  poison  ivy  and  rag  weed  prohibited. 

§  222.  Schools;  permits  required. 

§  223.  Dispensaries — communicable  disease;  regulations. 

§  224.  Punishment  for  violation  of  the  Sanitary  Code. 

§  225.  Heating  of  occupied  buildings. 

§  226.  Persons  to  protect  nose  and  mouth  when  coughing  or 
sneezing. 

§  227.  Dogs  to  be  controlled  so  as  not  to  commit  nuisances. 

§  228.  Noise  from  bells,  gongs,  etc.,  prohibited. 

§  229.  Automobile  and  other  motor  vehicles;  loud  and  explosive 
noises  prohibited. 

§  230.  The  manufacture  and  sale  of  hair  brushes  and  hair  cloth. 

Sec.  211.  Discharge  of  dense  smoke  prohibited. — No  person  shall 
cause,  suffer,  or  allow  dense  smoke  to  be  discharged  from  any  build- 
ing, vessel,  stationary  or  locomotive  engine  or  motor  vehicle,  place 
or  premises  within  the  City  of  New  York  or  upon  the  waters  adja- 
cent thereto,  within  the  jurisdiction  of  said  City.  All  persons  par- 
ticipating in  any  violation  of  this  provision,  either  as  proprietors, 
owners,  tenants,  managers,  superintendents,  captains,  engineers, 
firemen  or  motor'vehicle  operators  or  otherwise,  shall  be  severally 
liable  therefor.  (S.  C.,  §  181.) 

This  section  should  be  construed  with  the  one  following.     Liability  incurred  if 
smoke  escaping  was  detrimental.    N.  Y.  Health  v.  Ebling,  38  Misc.  537. 
Sustained,  People  v.  N.  Y.  Edison  Co.,  159  App.  Div.  793. 

§  212.  Nuisance  caused  by  the  discharge  or  escape  of  cinders,  dust, 
gas,  steam,  or  offensive  or  noisome  odors  prohibited. — The  owners, 
lessees,  tenants,  occupants  and  managers  of  every  building,  vessel 
or  place  in  or  upon  which  a  locomotive  or  stationary  engine,  furnace 
or  boilers  are  used  shall  cause  all  ashes,  cinders,  rubbish,  dirt  and 
refuse  to  be  removed  to  some  proper  place  so  that  the  same  shall  not 
accumulate,  nor  shall  any  person  cause,  suffer  or  allow  cinders,  dust, 
gas,  steam,  or  offensive  or  noisome  odors  to  escape  or  be  discharged 
from  any  such  building,  vessel  or  place,  to  the  detriment  or  annoy- 
ance of  any  person  or  persons  not  being  therein  or  thereupon  en- 
gaged. (S.  C.,  §  96.) 

See  People  v.  Horton,  41  Misc.  Rep.  309,  and  cases  collected  in  39  Lawyers'  Rep. 
Ann.  551.  Also  Dept.  of  Health  v.  Ebling  Brewing  Co.,  78  N.  Y.  Supp.  11;  Dept. 
of  Health  v.  Ebling  Brewing  Co.,  38  Misc.  Rep.  537.  Smoke. — Reasonable  regula- 
tion valid  under  police  power.  City  of  Rochester  v.  Macaulay,  199  N.  Y.  207; 
Buffalo  ordinance  sustained.  City  of  Buffalo  v.  Roy  Mfg.  Co.,  124  N.  Y.  Supp.  913. 

§  213.  Spitting  forbidden. — Spitting  upon  the  sidewalk  of  any 
public  street,  avenue,  park,  public  square,  or  place  in  the  City  of 
New  York,  or  upon  the  floor  of  any  hall  in  any  tenement  house  which 
is  used  in  common  by  the  tenants  thereof,  or  upon  the  floor  of  any 
hall  or  office  in  any  hotel  or  lodging  house  which  is  used  in  common 
by  the  guests  thereof,  or  upon  the  floor  of  any  theatre,  store,  factory, 


SANITARY  CODE  459 

or  of  any  building  which  is  used  in  common  by  the  public,  or  upon 
the  floor  of  any  ferryboat,  railroad  car,  or  other  public  conveyance, 
or  upon  the  floor  of  any  ferry  house,  depot,  or  station,  or  upon  the 
station  platform  or  stairs  of  any  elevated  or  subway  railroad  or  other 
common  carrier,  or  upon  the  tracks  or  roadbed,  or  into  the  street 
from  the  cars,  stairs,  or  platforms  of  such  elevated  or  subway  rail- 
roads, is  forbidden.  The  corporations  or  persons  owning  or  having 
the  management  or  control  of  any  such  building,  store,  factory,  ferry- 
boat, railroad  car,  or  other  public  conveyance,  ferryhouse,  depot  or 
station,  or  station  platform  or  stairs  of  any  such  building,  store, 
factory,  ferryboat,  railroad  car,  or  other  public  conveyance,  ferry- 
house,  depot  or  station,  or  station  platform  or  stairs  of  any  elevated 
or  subway  railroad  or  other  common  carrier,  shall  keep  permanently 
and  conspicuously  posted  in  each  of  said  places  a  sufficient  number 
of  notices  forbidding  spitting  upon  the  floors  and  calling  attention  to 
the  provisions  of  this  section. 

It  shall  be  the  duty  of  every  owner,  lessee,  or  manager  of  every 
factory,  workroom,  store,  office,  or  place  of  business,  in  which  ten 
or  more  persons  are  employed,  to  provide  proper  receptacles  for 
expectoration.  Such  receptacles  are  to  be  provided  in  the  proportion 
of  one  for  every  two  persons  so  employed,  and  they  are  to  be  cleansed 
and  disinfected  at  least  once  in  every  twenty-four  hours. 

A  copy  of  the  preceding  paragraph  shall  be  kept  posted  in  a  con- 
spicuous place  in  every  such  factory,  workroom,  store,  office  or 
place  of  business.  (S.  C.,  §  178.) 

As  amended  by  the  Board  of  Health,  October  15,  1918. 

§  214.  Use  of  common  towels  prohibited. — No  person,  firm,  or 
corporation  having  the  management  and  control  of  any  factory,  de- 
partment store  or  other  business  establishment,  school,  hotel,  theatre, 
concert  hall,  restaurant,  cafe  or  beer,  wine,  or  liquor  saloon,  railroad 
station,  railroad  car,  ferry  house,  ferry  boat,  public  lavatory,  public 
wash  room,  public  comfort  station,  or  any  other  public  place,  shall 
maintain  therein  or  thereat  any  towel  or  towels  for  use  in  com- 
mon. 

The  term  "for  use  in  common"  as  employed  herein  shall  be  con- 
strued to  mean,  for  the  use  of  or  intended  to  be  used  by,  more  than 
one  person. 

The  term  "corporation"  as  used  herein  shall  be  construed  to 
mean  and  include  a  municipal  corporation.  (S.  C.,  §  190.) 

As  amended  by  the  Board  of  Health,  June  30,  1915. 

§  215.  Noise  from  animals  and  birds  prohibited. — No  person  own- 
ing, occupying,  or  having  charge  of  any  building  or  premises,  shall 
keep  or  allow  thereon  or  therein  any  animal  or  bird,  which  shall  by 
noise  disturb  the  quiet  or  repose  of  any  person  therein  or  in  the  vicin- 
ity, to  the  detriment  of  the  life  or  health  of  such  person.  (S.  C., 
§180.) 

§216.  Smoking  in  subway  prohibited. — Smoking  or  carrying  any 
lighted  cigar,  cigarette,  or  pipe,  in  or  on  any  stairway,  platform, 
station,  or  car,  of  any  railway  running  underneath  the  ground  sur- 
face, is  hereby  prohibited.  (S.  C.,  §  187.) 

§217.  Establishment  and  maintenance  of  tents  and  camps  regu- 
lated.—No  tent  shall  be  raised  or  erected  or  any  camp  established, 


460  CODE  OF  ORDINANCES  IN  THE  CITY  OF  NEW  YORK 

in  the  City  of  New  York,  to  be  used  or  occupied  by  any  persons  as  a 
place  for  living  or  sleeping,  nor  shall  any  such  tent  or  camp  be  so 
used  or  occupied  without  a  permit  therefor  issued  by  the  Board  of 
Health  or  otherwise  than  in  accordance  with  the  terms  of  said  permit 
and  with  the  Regulations  of  said  Board.  (S.  C.,  §  186.) 

§  218.  Physicians  required  to  register  in  the  Department  of  Health. — 
Every  physician  practising  in  the  City  of  New  York  shall  register 
his  or  her  name  and  address,  and  every  change  of  address  in  the  office 
of  the  Bureau  of  Records  of  the  Department  of  Health.  (S.  C., 
§  160.) 

§  219.  Nurses. — No  person  other  than  one  who  shall  have  received 
from  the  regents  of  the  University  of  the  State  of  New  York  a  cer- 
tificate of  his  or  her  qualifications  to  practice  as  a  registered  nurse 
shall  assume  the  title,  Registered  Nurse,  or  use  the  abbreviation, 
R.  N.,  or  any  other  letters,  or  words  or  figures,  to  indicate  that  such 
person  is  a  registered  nurse. 

No  person  other  than  one  who  shall  have  graduated  after  a  course 
of  training  of  not  less  than  two  years'  duration,  from  a  hospital 
training  school  for  nurses,  shall  practice  as  or  hold  himself  or  herself 
out  to  be,  or  be  by  anyone  held  out  or  represented  to  be  a  trained, 
graduate  or  certified  nurse,  or  use  any  letters,  words,  figures  or  de- 
vice to  indicate  that  such  person  is  a  trained,  graduate  or  certified 
nurse. 

As  amended  by  the  Board  of  Health,  March  30,  1915. 

§  220.  Hospitals,'  permit  required,'  exception. — No  person,  persons, 
or  corporation,  other  than  those  specially  authorized  by  law,  shall 
conduct  or  maintain  any  public  or  private  hospital  or  institution 
wherein  human  beings  may  be  treated  or  cared  for  by  a  physician  or 
midwife,  and  no  person,  persons,  or  corporation,  other  than  those 
specifically  authorized  by  law,  shall  conduct  a  lying-in  hospital,  home 
or  place  for  the  care  of  pregnant  women  or  advertise,  offer,  or  under- 
take to  receive  or  care  for  them  at  such  place,  or  at  his  or  her  home, 
without  a  permit  therefor  issued  by  the  Board  of  Health  or  otherwise 
than  in  accordance  with  the  terms  of  said  permit  and  with  the 
Regulations  of  said  Board. 

As  amended  by  the  Board  of  Health,  March  24,  1921. 

§221.  Growth  of  poison  ivy  and  rag  weed  prohibited. — No  person 
owning,  occupying,  or  having  charge  of  any  lot  or  premises  in  the 
City  of  New  York  shall  cause,  suffer,  or  allow  poison  ivy,  rag  weed, 
or  other  poisonous  weed  to  grow  therein  or  thereon  in  such  manner 
that  any  part  of  such  ivy,  rag  weed,  or  other  poisonous  weed  shall 
extend  upon,  overhang,  or  border  upon  any  public  place,  or  allow 
the  seed,  pollen,  or  other  poisonous  particles  or  emanations  there- 
from to  be  carried  through  the  air  into  any  public  place. 
As  adopted  by  the  Board  of  Health,  June  30,  1915. 

§  222.  Schools;  permits  required. — No  school  for  children,  other 
than  those  under  the  jurisdiction  of  the  Department  of  Education 
of  the  City  of  New  York,  shall  be  established  or  maintained  in  the 
City  of  New  York  without  a  permit  therefor,  issued  by  the  Board  of 
Health,  or  otherwise  than  in  accordance  with  the  terms  of  said  per- 
mit and  the  Regulations  of  said  Board.  For  the  purposes  of  this 
Section,  the  term  ''children"  shall  be  taken  to  mean  and  include  all 


SANITARY  CODE  461 

human  beings  under  sixteen  (16)  years  of  age.  (The  provisions  of 
this  Section  shall  take  effect  September  1,  1916.)  (New.  Passed 
Dec.  21,  1915.) 

§  223.  Dispensaries — communicable  disease;  regulations. — No  pub- 
lic dispensary  where  communicable  diseases  are  treated  or  diagnosed 
shall  be  conducted  or  maintained  otherwise  than  in  accordance  with 
the  Regulations  of  the  Board  of  Health. 

As  adopted  by  the  Board  of  Health,  June  28,  1917. 
New. 

§  224.  Punishment  for  violation  of  the  Sanitary  Code. — Any  viola- 
tion of  the  Sanitary  Code  of  the  Board  of  Health  of  the  Department 
of  Health  of  the  City  of  New  York  shall  be  punished  in  the  manner 
prescribed  by  sections  1740  and  1937  of  the  Penal  Law  of  the  State 
of  New  York,  and  Sections  1172,  1222  and  1262  of  the  Greater  New 
York  Charter. 

As  adopted  by  the  Board  of  Health,  May  21,  1918. 

§  225.  Heating  of  occupied  buildings. — It  shall  be  the  duty  of 
every  person  who  shall  have  contracted  or  undertaken,  or  shall  be 
bound,  to  heat,  or  to  furnish  heat  for  any  building  or  portion  thereof, 
occupied  as  a  home  or  place  of  residence  of  one  or  more  persons,  or  as 
a  business  establishment  where  one  or  more  persons  are  employed,  to 
heat,  or  to  furnish  heat  for  every  occupied  room  in  such  building,  or 
portion  thereof,  so  that  a  minimum  temperature  of  sixty-eight  (68) 
degrees  Fahrenheit  may  be  maintained  therein  at  all  such  times. 
Provided,  however  the  provisions  of  this  section  shall  not  apply  to 
buildings,  or  portions  thereof,  used  and  occupied  for  trades,  busi- 
nesses, or  occupations  where  high  or  low  temperatures  are  essential 
and  unavoidable. 

For  the  purpose  of  this  section,  wherever  a  building  is  heated  by 
means  of  a  furnace,  boiler,  or  other  apparatus  under  the  control  of 
the  owner,  agent,  or  lessee  of  such  building,  such  owner,  agent,  or 
lessee,  in  the  absence  of  a  contract  or  agreement  to  the  contrary, 
shall  be  deemed  to  have  contracted,  undertaken  or  bound  himself 
or  herself  to  furnish  heat  in  accordance  with  the  provisions  of  this 
section. 

The  term  "at  all  such  times"  as  used  in  this  section,  unless  other- 
wise provided  by  a  contract  or  agreement,  shall  include  the  time 
between  the  hours  of  6  A.  M.  and  10  P.  M.  in  a  building,  or  portion 
thereof,  occupied  as  a  home  or  place  of  residence,  and  during  the 
usual  working  hours  established  and  maintained  in  a  building,  or 
portion  thereof,  occupied  as  a  business  establishment,  of  each  day 
whenever  the  outer  or  street  temperature  shall  fall  below  fifty  (50) 
degrees  Fahrenheit. 

The  term  "contract"  as  used  in  this  section  shall  be  taken  to 
mean  and  include  a  written  or  verbal  contract. 

As  amended  by  the  Board  of  Health,  December  11,  1919. 

§  226.  Persons  to  protect  nose  and  mouth  when  coughing  or  sneering. 
— In  order  to  prevent  the  conveyance  of  infective  material  to  others, 
all  persons  shall,  when  coughing  or  sneezing,  properly  cover  the  nose 
and  mouth  with  an  handkerchief  or  other  protective  substance. 

§  227.  Dogs  to  be  controlled  so  as  not  to  commit  nuisances. — No  per- 
son having  the  right  and  ability  to  prevent  shall,  knowingly,  or  care- 


462  CODE   OF  ORDINANCES  OF  THE  CITY  OF  NEW   YORK 

lessly  or  negligently,  permit  any  dog  or  other  animal  to  commit  any 
nuisance  upon  any  sidewalk  of  any  public  street,  avenue,  park,  public 
square,  or  place  in  the  City  of  New  York;  or  upon  the  floor  of  any 
hall  of  any  tenement  house  which  is  used  in  common  by  the  tenants 
thereof;  or  upon  the  fences  of  any  premises,  or  the  walls  or  stairways 
of  any  building,  abutting  on  a  public  street,  avenue,  park,  public 
square,  or  place;  or  upon  the  floor  of  any  theatre,  store,  factory,  or 
any  building  which  is  used  in  common  by  the  public,  including  all 
public  rooms  or  places  therewith  connected;  or  upon  the  floor  of 
any  ferry  house,  depot,  or  station;  or  upon  the  station  platform  or 
stairs  of  any  railroad  or  other  common  carrier;  or  upcn  the  roof  of 
any  tenement  house  used  in  common  by  the  tenants  thereof;  or 
upon  the  floor  of  any  hall,  stairway,  or  office  of  any  hotel  or  lodging 
house  which  is  used  in  common  by  the  guests  thereof;  nor  shall  any 
such  person  omit  to  do  any  reasonable  and  proper  act,  or  take  any 
reasonable  and  proper  precaution,  to  prevent  any  such  dog  or  other 
animal  from  committing  such  a  nuisance  in,  on,  or  upon,  any  of  the 
places  cr  premises  herein  specified. 

As  adopted  by  the  Board  of  Health,  November  4,  1918. 

§  228.  Noise  from  bells,  gongs,  etc.,  prohibited. — No  oerson  shall 
cause,  suffer  or  allow  to  be  attached  to,  or  maintained  in  or  upon 
any  building  or  premises  any  bell  or  gong,  which  shall  by  noise  dis- 
turb the  quiet  or  repose  of  persons  in  the  vicinity  thereof,  to  the 
detriment  of  the  repose  or  health  of  such  persons.  All  persons  par- 
ticipating in  the  violation  of  this  provision,  either  as  proprietors, 
owners,  tenants,  managers  or  superintendent  of  such  building  or 
premises,  or  licensees  or  licensors  of  such  electric  bell  or  gong,  or 
otherwise,  shall  be  liable  therefor. 

As  adopted  by  the  Board  of  Health,  August  20,  1919. 

§  229.  Automobile  and  other  motor  vehicles;  loud  and  explosive 
noises  prohibited. — Every  automobile  or  other  vehicle  equipped  with 
a  gasoline  or  other  internal  combustion  engine  in  which  gas  is  gener- 
ated or  used  for  the  purpose  of  propulsion,  shall  be  constructed  so 
that  the  exhaust  from  such  engine  is  made  to  discharge  into  a  muffler 
or  other  device  which  will  prevent  loud  or  explosive  noises;  and  no 
person  having  the  management  and  control  of  any  such  automobile 
or  vehicle,  or  operating  the  engine  thereof,  shall  cause,  permit,  suffer 
or  allow  the  exhaust  from  such  engine  to  discharge  into  the  open  air, 
or  otherwise  than  into  a  muffler  or  other  device  which  would  pre- 
vent loud  or  explosive  noises. 

No  person  having  the  management  and  control  of  any  such  auto* 
mobile  or  vehicle,  or  operating  the  engine  thereof,  shall  use  a  horn  or 
other  device  for  signalling  except  in  a  reasonable  manner  as  a  danger 
warning,  nor  shall  any  such  person  produce  or  cause,  suffer  or  allow 
to  be  produced  by  means  of  such  horn  or  other  signallipg  device,  a 
sound  which  shall  be  unnecessarily  loud  or  harsh  or  which  shall  con- 
tinue for  an  unnecessary  and  unreasonable  period  of  time. 

As  amended  by  the  Board  of  Health,  July  25,  1921. 

§  230.  The  manufacture  and  sale  of  hair  brushes  and  hair  cloth. — No 
person  shall  use  in  the  manufacture  of  brushes  or  cloth,  any  animal 
hair  which  has  not  been  sterilized  by  a  process  prescribed  or  ap- 
proved by  the  Board  of  Health;  nor  shall  any  person  bring  into 


SANITARY  CODE  463 

or  offer  for  sale,  sell,  or  deliver  in  the  City  of  New  York,  any  brush, 
or  cloth  containing  animal  hair  unless  the  same  shall  have 'been  so 
sterilized. 

It  shall  be  the  duty  of  the  manufacturer  of  shaving  brushes,  tooth 
brushes,  hair  brushes,  nail  brushes,  or  other  toilet  brushes  intended 
for  human  use,  to  cause  his  name  or  trade-mark,  the  place  of  manu- 
facture, and  the  word  STERILIZED  to  be  permanently,  clearly 
and  legibly  painted  or  branded  upon  every  such  brush  before  offering 
for  sale,  selling,  or  delivering  the  same  in  the  City  of  New  York. 
Provided,  however,  the  word  STERILIZED  shall  not  be  painted 
or  branded  upon  any  such  brush  unless  the  animal  hair  used  in  the 
manufacture  thereof  shall  have  been  sterilized  by  a  process  prescribed 
or  approved  by  the  Board  of  Health. 

No  person  shall  sell,  offer  for  sale,  or  deliver,  or  have  in  his  pos- 
session with  intent  to  sell,  offer  for  sale,  or  deliver  in  the  City  of 
New  York,  any  shaving  brush,  tooth  brush,  hair  brush,  nail  brush, 
or  other  toilet  brush  intended  for  human  use,  containing  animal 
hair,  unless  the  name  or  trade-mark  of  the  manufacturer,  place  of 
manufacture,  and  the  word  STERILIZED  is  permanently,  clearly 
and  legibly  painted  or  branded  thereon. 

The  provisions  of  this  section  shall  take  effect  the  1st  day  of  July, 
1920,  but  shall  not  apply  to  brushes  in  stock  on  the  16th  day  of 
June,  1920,  in  the  hands  of  dealers  which  have  not  been  labeled  or 
branded  as  hereinbefore  required. 

As  adopted  by  the  Board  of  Health,  June  16,  1920. 


ARTICLE  13 

OFFENSIVE  MATERIALS 

Sec.  231.  Offensive  water  or  other  liquid  or  substance;  not  per- 
mitted on  premises  or  grounds. 

§  232.  Offensive  matter  or  substances;  accumulations  thereof  not 
to  be  disturbed  in  certain  periods  of  year;  permit  required. 

§  233.  Stinking,  noxious  liquids;  not  to  fall  into  or  upon  any 
public  place. 

§  234.  Blood,  butcher's  offal  or  garbage,  dead  animals,  and  putrid 
or  stinking  animal  or  vegetable  matter;  disposal  re- 
stricted. 

§  235.  Contents  of  vaults,  privies,  cisterns,  cesspools,  and  sinks; 
creation  of  nuisances  prohibited. 

§  236.  Disinfection  and  removal  of  contents  of  sinks,  privies, 
vaults,  and  all  other  noxious  substances. 

§  237.  Vaults,  sinks,  privies,  and  cesspools;  use  thereof  limited. 

§  238.  Transportation  of  garbage  on  boats  and  scows  to  Barren 
Island  regulated. 

§  239.  Transportation  of  offal  and  butcher's  refuse  regulated. 

§  240.  Transportation  of  manure,  swill,  ashes,  garbage,  and  offal 
regulated. 

§241.  Collection  and  transportation  of  bones,  refuse,  and  offen- 
sive materials  regulated. 


464  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

§  242.  Accumulations  of  manure,  offal,  garbage,  and  other  of- 
fensive and  nauseous  substances;  retention  and  disposal 
regulated. 

§  243.  Removal  of  dead  or  diseased  animals  and  filthy,  offensive, 
and  noxious  substances  regulated. 

§  244.  Carts,  vehicles,  and  implements  to  be  kept  in  an  inoffen- 
sive and  sanitary  condition;  use  of  same  regulated. 

§  245.  Ships,  boats,  and  other  vessels;  not  allowed  at  dock  or  pier 
unless  permitted. 

§  246.  The  use  of  docks,  piers,  and  bulkheads  regulated. 

§  247.  Refuse  from  oyster-houses,  oyster-saloons,  and  other 
premises;  method  of  disposal  of  refuse  regulated;  nui- 
sances prohibited. 

§  248.  Ashes,  garbage,  and  liquid  substances;  separate  receptacles 
to  be  provided;  duties  of  owners,  lessees,  and  agents; 
removal;  special  provisions  applicable  to  Borough  of 
Richmond. 

§  249.  Receptacles  for  ashes,  garbage,  and  liquid  substances  not 
to  be  interfered  with  or  contents  disturbed. 

§  250.  Ashes,  garbage,  and  rubbish;  method  of  removal  regulated. 

§  251.  Vacant  lots;  accumulation  of  water  thereon  prohibited; 
fence  to  be  provided,  if  sunken;  throwing  and  depositing 
offensive  material  into  such  lots  prohibited. 

§  252.  Filling  in  land;  offensive  and  unwholesome  materials  not 
to  be  used;  the  use  of  street  sweepings  for  filling  in  pur- 
poses forbidden. 

§  253.  Lime,  ashes,  coal,  dry  sand,  hair,  feathers,  like  substances, 
and  other  materials  not  to  be  sieved,  agitated,  or  ex- 
posed. 

Sec.  231.  Offensive  water  or  other  liquid  or  substance;  not  permitted 
on  premises  or  grounds. — No  person  or  corporation  shall  permit  or 
have  any  offensive  water  or  other  liquid  or  substance  on  his,  her,  or 
its,  premises  or  grounds  to  the  prejudice  of  life  or  health,  whether 
for  use  in  any  trade  or  otherwise.  (S.  C.,  §  88.) 

§  232.  Offensive  matter  or  substances;  accumulations  thereof  not  to 
be  disturbed  in  certain  periods  of  year;  permit  required. — No  ground 
or  material  filled  with  or  containing  offensive  matter  or  substance, 
or  that  will  emit  or  allow  to  rise  through  or  from  the  same  any 
offensive  smell  or  deleterious  exhalation,  shall  (adjacent  to  or  within 
the  built-up  portion  of  the  City  of  New  York)  be  opened  or  turned 
up,  nor  shall  the  surface  thereof  be  removed,  between  the  first  day  of 
May  and  the  first  day  of  October  of  any  year,  without  a  permit 
therefor  issued  by  the  Board  of  Health  or  otherwise  than  in  accord- 
ance with  the  terms  of  said  permit  and  with  the  Regulations  of  said 
Board.  (S.  C.,  §99.) 

§  233.  Stinking,  noxious  liquids;  not  to  fall  into  or  upon  any  public 
place. — No  swill,  brine,  urine  of  animals,  or  other  offensive  animal 
matter,  or  any  stinking  or  noxious  liquid,  or  other  filthy  matter  of 
any  kind,  shall  by  any  person  be  allowed  to  run  or  fall  into  or  upon 
any  street  or  public  place,  or  be  taken  or  put  therein.  (S.  C.,  §  102.) 

§  234.  Blood,  butcher's  offal  or  garbage,  dead  animals,  and  putrid 
or  stinking  animal  or  vegetable  matter;  disposal  restricted. — No  blood, 


SANITARY  CODE  465 

butcher's  offal  or  garbage,  or  any  dead  animal,  or  any  putrid  or 
stinking  animal  or  vegetable  matter,  shall  be  thrown  by  any  person 
or  allowed  to  go  into  any  street,  place,  sewer,  or  receiving  basin,  any 
river  or  standing  or  running  water  or  excavation,  or  any  ground  or 
premises  in  the  built-up  portions  of  the  City.  (S.  C.,  §  103.) 

§  235.  Contents  of  vaults,  privies,  cisterns,  cesspools,  and  sinks; 
creation  of  nuisances  prohibited. — No  person  shall  deposit,  or  allow 
to  run  or  go  into  or  remain  in  any  street  or  other  public  place  in  the 
City  of  New  York,  or  deposit,  or  allow  to  run  or  go  (except  through 
the  proper  underground  sewers)  into  any  river  or  other  body  of 
water  within  the  territorial  limits  of  the  said  City,  the  contents  (or 
any  part  thereof)  of  any  vault,  privy,  cistern,  cesspool,  or  sink;  nor 
shall  any  owner,  tenant,  or  occupant,  of  any  building  to  which  any 
vault,  sink,  privy,  or  cesspool  shall  pertain  or  be  attached,  permit 
the  contents,  or  any  part  thereof,  to  flow  therefrom  or  to  rise  within 
two  feet  of  any  part  of  the  top  thereof,  or  said  contents  to  become 
offensive;  nor  shall  any  vault,  privy,  cistern,  cesspool,  or  sink  be 
filled  or  covered  with  dirt  until  it  shall  have  been  emptied  of  its  filthy 
contents.  (S.  C.,  §  104.) 

§  236.  Disinfection  and  removal  of  contents  of  sinks,  privies,  vaults, 
and  all  other  noxious  substances. — All  putrid  or  offensive  matter,  all 
night  soil,  the  content  of  all  sinks,  privies,  vaults,  and  cesspools, 
and  all  noxious  substances,  shall,  before  their  removal  or  exposure, 
be  disinfected  and  rendered  inoffensive  by  the  owner,  lessee,  or  oc- 
cupant of  the  premises  where  the  same  may  be,  or  by  the  person  or 
contractor  who  removes  or  is  about  to  remove  the  same;  and  no  part 
of  the  contents  of  any  vault,  privy,  sink,  or  cesspool  shall  be  removed 
without  a  permit  therefor  issued  by  the  Board  of  Health  or  other- 
wise than  in  accordance  with  the  terms  of  said  permit  and  with  the 
Regulations  of  said  Board.  (S.  C.,  §  122.) 

§  237.  Vaults,  sinks,  privies,  and  cesspools;  use  thereof  limited. — No 
person  shall  throw  or  deposit  into  any  vault,  sink,  privy,  or  cesspool, 
any  offal,  ashes,  meat,  fish,  garbage,  or  other  substance  except  that 
of  which  any  such  place  is  the  appropriate  receptacle.  (S.  C.,  §  105.) 

§  238.  Transportation  of  garbage  on  boats  and  scows  to  Barren  Island 
regulated. — No  boat,  scow,  or  other  receptacle,  used  in  transporting 
garbage  to  Barren  Island  or  the  place  of  disposal  shall  be  permitted 
to  remain  moored  or  be  at  any  dock,  wharf,  or  place,  within  the  limits 
of  the  City  of  New  York,  for  a  longer  period  than  twenty-four  hours 
from  the  time  when  garbage  is  first  delivered  or  placed  thereon. 
Garbage  shall  be  received  on  and  transported  in  such  boat,  scow,  or 
other  receptacle  in  a  manner  approved  by  the  Board  of  Health  and 
not  otherwise.  (S.  C.,  §  123.) 

§  239.  Transportation  of  offal  and  butcher's  refuse  regulated. — No 
offal  or  butcher's  refuse  or  garbage  shall  be  conveyed  through  any 
street  or  avenue  or  over  any  ferry  in  the  City  of  New  York  without 
a  permit  therefor  issued  by  the  Board  of  Health  or  otherwise  than 
in  accordance  with  the  terms  of  said  permit  and  with  the  Regulations 
of  said  Board. 

No  offal  or  butcher's  refuse  shall  be  brought  into  the  City  of 
New  York.  (S.  C.,  §  87.) 

§  240.  Transportation  of  manure,  swill,  ashes,  garbage,  and  offal 
regulated. — No  person  shall  engage  in  the  business  of  transporting 


466  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

manure,  swill,  ashes,  garbage,  offal,  or  any  offensive  or  noxious  sub- 
stance, or  drive  any  cart  for  such  purpose,  in  the  City  of  New  York, 
without  a  permit  therefor  issued  by  the  Board  of  Health  or  otherwise 
than  in  accordance  with  the  terms  of  said  permit  and  with  the  Regu- 
lations of  said  Board.  (S.  C.,  §  H9.) 

§  241.  Collection  and  transportation  of  bones,  refuse,  and  offensive 
materials  regulated. — No  person  shall  gather,  collect,  accumulate, 
store,  expose,  carry,  or  transport  in  any  manner  through  any  street 
or  public  place,  or  into  any  building  or  cellar,  in  the  City  of  New 
York,  any  bones,  refuse,  or  offensive  material  without  a  permit 
therefor  issued  by  the  Board  of  Health  or  otherwise  than  in  accord- 
ance with  the  terms  of  said  permit  and  with  the  Regulations  of  said 
Board.  (S.  C.,  §  101.) 

§  242.  Accumulations  of  manure,  offal,  garbage,  and  other  offensive 
and  nauseous  substances;  retention  and  disposal  regulated. — No  pile, 
deposit,  or  accumulation  of  manure,  offal,  dirt,  or  garbage,  or  any 
offensive  or  nauseous  substance,  shall  be  made  within  the  built-up 
portions  of  the  City  of  New  York,  or  on  or  upon  the  piers,  docks,  or 
bulkheads  adjacent  thereto,  or  on  or  upon  any  vessel,  boat,  or  scow, 
lying  at  such  pier,  wharf,  or  bulkhead;  nor  shall  such  pile,  deposit, 
or  accumulation  be  made  anywhere  in  said  City  within  three  hundred 
feet  of  any  church  or  place  of  worship,  or  inhabited  dwelling,  without 
a  permit  therefor  issued  by  the  Board  of  Health  or  otherwise  than 
in  accordance  with  the  terms  of  said  permit  and  with  the  Regula- 
tions of  said  Board;  and  no  person  shall  contribute  to  the  making  of 
any  such  pile,  deposit,  or  accumulation  without  such  a  permit  or 
otherwise  than  in  accordance  with  the  terms  of  such  permit  and  the 
Regulations  of  said  Board;  nor  shall  any  car  loaded  with  or  having 
in  or  on  it  any  such  substance  or  substances  be  allowed  to  remain  or 
stand  on  any  railroad  track,  street,  or  highway,  within  three  hun- 
dred feet  of  any  inhabited  dwelling,  or  elsewhere  in  said  City,  nor 
shall  any  vessel,  boat,  scow,  or  float,  loaded  with  any  such  substance 
or  substances  be  allowed  to  remain  at  any  pier,  dock,  or  bulkhead  in 
said  City,  without  a  permit  therefor  issued  by  the  Board  of  Health 
or  otherwise  *than  in  accordance  with  the  terms  of  said  permit  and 
with  the  Regulations  of  said  Board;  and  no  manure,  garbage,  or 
other  material  that  is  liable  to  emit  an  offensive  exhalation  shall,  in 
or  adjacent  to  the  built-up  portions  of  the  City  of  New  York,  be 
turned  or  stirred,  except  in  its  removal,  in  such  a  way  as  to  increase 
such  exhalations  by  reason  thereof;  nor  shall  any  straw,  hay,  or 
other  substance,  which  has  been  used  as  bedding  for  animals,  be 
placed  or  dried  upon  any  street  or  sidewalk,  or  roof  of  any  building; 
nor  shall  any  such  straw,  hay,  or  other  substance,  or  the  contents 
of  any  mattress  or  bed,  be  deposited  or  burnt  without  a  permit  there- 
for issued  by  the  Board  of  Health  or  otherwise  than  in  accordance 
with  the  terms  of  said  permit  and  with  the  Regulations  of  said 
Board.  (S.  C.,  §  111.) 

§243.  Removal  of  dead  or  diseased  animals  and  filthy,  offensive, 
and  noxious  substances  regulated. — It  shall  be  the  duty  of  every 
person  (his  agents  and  employees)  who  has  contracted  or  under- 
taken to  remove  any  diseased  or  dead  animal,  offal,  rubbish,  gar- 
bage, dirt,  street-sweepings,  night  soil,  or  other  filthy,  offensive,  or 
noxious  substance,  or  is  engaged  in  any  such  removal,  or  in  loading 


SANITARY  CODE  467 

or  unloading  any  such  substance,  to  do  the  same  with  dispatch,  and, 
in  every  particular,  in  as  cleanly  and  inoffensive  a  manner,  and  with 
as  little  danger  and  prejudice  to  life  and  health,  as  possible,  and  no 
matter  or  material  shall  lie  piled  up,  or  partially  raked  together,  in 
any  street  or  place,  before  the  removal  thereof,  more  than  a  reason- 
able time,  or  for  more  than  four  hours,  under  any  circumstances,  in 
the  daytime.  (S.  C.,  §  114.) 

§  244.  Carts,  vehicles,  and  implements  to  be  kept  in  an  inoffensive 
and  sanitary  condition;  use  of  same  regulated. — No  cart  or  other  vehi- 
cle used  for  carrying  or  containing  any  manure,  swill,  garbage, 
offal,  or  rubbish,  or  other  nauseous  or  offensive  substance,  or  the 
contents  of  any  privy,  vault,  cesspool,  or  sink,  shall,  without  neces- 
sity therefor,  be  allowed  to  stand  or  remain  before  or  near  any  build- 
ing, place  of  business,  or  other  premises,  where  any  person  may  be; 
nor  shall  the  loading  or  unloading  of  any  such  cart  or  vehicle  or  the 
conveying  thereof  through  any  street,  place,  or  premises  consume 
an  unreasonable  period  of  time.  Such  carts,  vehicles,  and  all  im- 
plements used  in  connection  therewith  must  be  kept  in  an  inoffen- 
sive and  sanitary  condition,  and,  when  not  in  use,  shall  be  stored 
and  kept  in  some  place  where  no  needless  offense  shall  be  given  to 
any  of  the  people  of  the  City  of  New  York.  (S.  C.,  §  120.) 

§  245.  Ships,  boats,  and  other  vessels,'  not  allowed  at  dock  or  pier 
unless  permitted. — No  ship,  boat;  or  other  vessel  shall  be  taken  or 
allowed  by  any  person  to  come  into,  or  lay  at  or  within,  any  dock, 
pier,  bulkhead,  or  slip,  for  the  purpose  of  the  shipment  or  removal 
of  any  offal,  garbage,  rubbish,  blood,  or  offensive  animal  or  vegetable 
matter,  dirt,  or  dead  animals,  or  for  the  use  of  any  contractor  for 
the  removal  of  any  of  the  foregoing  substances,  without  a  permit 
therefor  issued  by  the  Board  of  Health  or  otherwise  than  in  accord- 
ance with  the  terms  of  said  permit  and  with  the  Regulations  of  said 
Board.  (S.  C.,  §  115.) 

§  246.  The  use  of  docks}  piers,  and  bulkheads  regulated. — No  person 
shall  obstruct,  delay,  or  interfere  with  the  proper  and  ready  use,  for 
the  purposes  for  which  they  may  be  and  should  be  set  apart  and 
devoted,  of  any  dock,  pier,  or  bulkhead  by  any  contractor  or  person 
engaged  in  removing  any  offal,  garbage,  rubbish,  dirt,  dead  animal, 
night  soil,  or  other  like  substances,  or  with  the  proper  performance 
of  such  contracts.  (S.  C.,  §  113.) 

§  247.  Refuse  from  oyster-houses,  oyster-saloons,  and  other  premises; 
method  of  disposal  of  refuse  regulated;  nuisances  prohibited. — Every 
proprietor,  lessee,  tenant,  and  occupant  of  any  oyster-house,  oyster- 
saloon,  or  other  premises  where  any  oysters,  clams,  lobsters,  or  shell 
or  other  fish  are  consumed,  used,  or  sold,  or  where  any  of  the  refuse 
matter,  offal,  or  shells  thereof  accumulate  shall  daily  cause  all  such 
shells,  offal,  and  refuse  matter  to  be  removed  therefrom  to  some 
proper  place,  and  shall  keep  such  house,  saloon,  or  premises  at  all 
times  free  from  any  offensive  smells  or  accumulations.  (S.  C.,  §  112.) 

§  248.  Ashes,  garbage,  and  liquid  substances;  separate  receptacles  to 
be  provided,  duties  of  owners,  lessees,  and  agents;  removal;  special  provi- 
sions applicable  to  Borough  of  Richmond. — It  shall  be  the  duty  of 
every  owner,  tenant,  lessee,  occupant,  or  person  in  charge  of  any 
and  every  building  in  the  built-up  and  generally  built-up  parts  <:f 
the  City  of  New  York,  from  which  the  City  of  New  York  removes 


468  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

ashes,  garbage,  rubbish,  or  refuse,  to  provide  or  cause  to  be  provided, 
forthwith,  and  at  all  times  thereafter  to  keep  and  provide  or  cause 
to  be  kept  and  provided,  within  and  for  the  exclusive  use  of  such 
building,  or  the  part  thereof  to  which  reference  is  hereinafter  made, 
separate  receptacles,  made  of  metal,  for  holding,  respectively,  with- 
out leakage,  all  ashes,  garbage,  and  liquid  waste  substances,  that 
may  accumulate,  during  sixty  consecutive  hours,  in  or  through  the 
use  of  such  building,  or  the  part  thereof  of  which  such  person  may 
be  the  owner,  tenant,  lessee,  occupant,  or  in  charge. 

And  it  shall  be  the  duty  of  every  owner,  tenant,  lessee,  occupant 
or  person  in  charge  of  any  such  building  to  cause  to  be  separated 
and  put  into  their  respective  receptacles  all  such  materials  and  sub- 
stances; but  no  such  receptacle  shall  be  filled  to  a  great  height  than 
a  line  within  such  receptacle  four  inches  from  the  top  thereof,  nor 
shall  any  such  receptacle,  when  so  filled,  contain  more  than  two 
cubic  feet  of  material,  nor  weigh  more  than  one  hundred  pounds; 
and  every  such  receptacle  shall  be  kept,  at  all  times,  in  a  condition 
satisfactory  to  the  Street  Cleaning  Department  or  the  Department 
of  Health. 

And  all  such  receptacles  shall  be  kept  within  the  building,  or  in 
the  rear  premises  therewith  connected,  until  the  time  for  the  removal 
of  such  ashes,  garbage,  or  liquid  waste  substances,  when  such  re- 
ceptacles shall  be  placed  in  the  area,  or  within  the  fence  or  other 
enclosure,  in  front  of  such  building,  or,  if  there  be  no  area,  or  fence 
or  other  enclosure,  such  receptacles  shall  be  placed  on  the  sidewalk 
close  to  such  building;  all  such  receptacles  shall  remain  so  placed 
until  the  contents  thereof  shall  have  been  removed  by  the  Street 
Cleaning  Department,  immediately  after  which,  such  receptacles 
shall  be  returned  to  such  building,  or  to  the  rear  premises  therewith 
connected;  and  every  receptacle  containing  garbage  or  liquid  waste 
substance,  when  outside  of  such  building  shall  be  kept,  at  all  times, 
covered  with  a  tight  fitting  cover. 

And  newspapers,  wrapping-paper,  and  all  other  light  refuse  and 
rubbish  likely  to  be  blown  or  scattered  about  the  streets,  shall  be 
securely  bundled,  tied,  or  packed,  before  being  placed  for  removal; 
and  such  newspapers,  wrapping-paper,  and  other  light  refuse  and 
rubbish,  as  well  as  all  other  refuse  and  rubbish,  shall  be  kept  within 
the  building,  or  in  the  rear  premises  therewith  connected,  until  the 
time  for  the  removal  thereof,  when  they  shall  be  placed  as  the  re- 
ceptacles hereinbefore  mentioned  are  required,  by  the  provisions  of 
this  section,  to  be  placed. 

No  such  receptacle  and  no  such  refuse  or  rubbish  shall,  however, 
be  so  placed  as  to  constitute  or  contribute  to  the  creation  of  a  nui- 
sance; and  no  yard  sweepings,  hedge  cuttings,  grass,  leaves,  earth, 
stone,  bricks,  or  business  waste  shall  be  mixed  with  household  waste. 

Accumulations  of  household  ashes,  garbage,  refuse  or  rubbish  re- 
sulting from  the  failure  to  take  advantage  of  the  regular  collection 
service  shall  be  removed  at  the  expense  of  the  person  or  persons  con- 
cerned. 

It  shall,  however,  be  the  duty  of  every  owner,  tenant,  lessee,  occu- 
pant, or  person  in  charge  of  every  building  in  the  built-up  and  gen- 
erally built-up  parts  of  the  City  of  New  York  not  included  within 
the  foregoing  provisions  of  this  section  to  observe  the  requirements 


SANITARY  CODE  469 

of  the  said  provisions,  except  that  such  owner,  tenant,  lessee,  occu- 
pant, or  person  shall  cause  all  ashes,  garbage,  liquid  waste,  rubbish, 
and  refuse  to  be  daily  removed  therefrom. 

The  foregoing  provisions  shall  apply  to  the  built-up  and  generally 
built-up  parts  of  the  City  of  New  York  except  as  follows: 

In  the  Borough  of  Richmond,  ashes  from  house  furnaces  shall  be 
kept  apart  from  the  remainder  of  the  household  waste  and  be  kept 
in  a  receptacle,  or  in  receptacles,  made  of  metal,  which  shall  be  used 
only  for  holding  such  ashes;  and  the  remainder  of  the  household 
waste,  including  garbage,  kitchen  ashes,  sweepings,  soiled  paper, 
refuse,  and  rubbish,  shall  be  placed  in  another  metal  receptacle,  or 
in  other  metal  receptacles,  which,  when  outside  of  a  building,  shall 
be  kept  covered  with  a  tight  fitting  cover.  (S.  C.,  §  108.) 

§  249.  Receptacles  for  ashes,  garbage,  and  liquid  substances  not  to 
be  interfered  with  or  contents  disturbed. — No  person,  not  for  that  pur- 
pose authorized,  shall  interfere  with  the  receptacles  for  ashes,  gar- 
bage, or  liquid  substances,  as  provided  in  accordance  with  Section 
248  of  the  Sanitary  Code,  or  with  the  contents  thereof;  nor  shall  any 
person  in  any  way  handle  or  disturb  such  contents.  (S.  C.,  §  109.) 

§  250.  Ashes,  garbage,  and  rubbish;  method  of  removal  regulated. — 
All  occupants  so  preferring  may  deliver  their  ashes,  garbage,  refuse, 
and  rubbish  directly  to  the  proper  carts,  to  be  taken  away  at  any 
hour  of  the  day  when  said  carts  may  be  present,  and  said  carts  may 
take  such  articles  and  substances  at  any  such  hour;  provided  that 
such  garbage,  refuse,  or  rubbish  be  not  highly  filthy  or  offensive. 
In  the  latter  case,  the  same  shall  not  be  so  delivered  or  received  dur- 
ing the  period  beginning  at  seven  o'clock  am.,  of  any  day  and  end- 
ing at  ten  o'clock  of  the  evening  of  the  same  day.  (S.  C.,  §  110.) 

§  251.  Vacant  lots;  accumulation  of  water  thereon  prohibited;  fence 
to  be  provided,  if  sunken;  throwing  and  depositing  offensive  material 
•into  xnch  lots  prohibited. — It  shall  be  the  duty  of  every  owner,  lessee, 
contractor,  or  other  person  having  the  management  or  control  of 
any  lot  or  parcel  of  land  in  the  City  of  New  York,  to  keep  and  pre- 
serve the  same,  at  all  times,  clean  and  inoffensive,  and  to  prevent  the 
gathering  or  collecting  of  water  thereon;  and  to  provide  and  main- 
tain around  or  in  front  of  any  lot  which  is  sunken,  excavated,  or 
below  the  grade  of  the  sidewalk  adjacent  thereto,  a  proper  fence  to 
protect  persons  from  falling  into  such  lot. 

No  person  shall  throw  or  deposit  into  or  upon  any  lot  any  garbage, 
refuse,  or  other  offensive  material.  (S.  C.,  §  116.) 

A  somewhat  similar  ordinance,  sustained.  City  of  Rochester  v.  Simpson,  134 
N.  Y.  414. 

§  252.  Filling  in  land;  offensive  and  unwholesome  materials  not  to 
be  used;  the  use  of  street  sweepings  for  filling-in  purposes  forbidden. — 
No  person  shall  fill  in  any  land  under  or  above  water  within  the 
limits  of  the  City  of  New  York,  or  any  of  the  islands  situated  within 
such  limits,  with  garbage,  dead  animals  or  any  part  thereof,  decay- 
ing matter,  or  any  offensive  and  unwholesome  material,  or  with 
dirt,  ashes,  or  other  refuse,  when  mixed  with  such  garbage,  dead 
animals  or  parts  thereof,  decaying  matter,  or  offensive  and  unwhole- 
some material. 

No  street  sweepings  shall  bo  deposited  or  used  to  fill  up  or  raise 
the  surface  or  level  of  any  lot,  grounds,  dock,  wharf,  or  pier  in  or 


470  CODE  OP  ORDINANCES  OP  THE  CIT?   OP  NEW  YORK 

adjacent  to  the  built-up  portions  of  the  City  of  New  York  without  a 
permit  therefor  issued  by  the  Board  of  Health  or  otherwise  than  in 
accordance  with  the  terms  of  said  permit  and  with  the  Regulations 
of  said  Board.  (S.  C.,  §  98.) 

§  253.  Lime,  ashes,  coal,  dry  sand,  hair,  feathers,  and  like  substances, 
and  other  materials  not  to  be  sieved,  agitated,  or  exposed. — No  lime 
ashes,  coal,  dry  sand,  hair,  feathers,  or  other  substance  that  is  in 
a  similar  manner  liable  to  be  blown  by  the  wind,  shall  be  sieved, 
agitated,  or  exposed,  nor  shall  any  mat,  carpet,  or  cloth  be  shaken 
or  beaten,  nor  shall  any  cloth,  yarn,  garment,  material,  or  substance 
be  scoured,  cleaned,  or  hung,  nor  shall  any  rags,  damaged  merchan- 
dise, barrels,  boxes,  or  broken  bales  of  merchandise  or  goods,  be 
placed,  kept,  or  exposed  in  any  place  where  they  are  particles  there- 
from will  pass  into  any  street  or  public  place,  or  into  any  occupied 
premises;  nor  shall  any  usual  or  any  reasonable  precautions  be 
omitted  by  any  person  to  prevent  fragments  or  other  substances 
from  falling,  to  the  detriment  or  peril  of  life  or  health,  or  dust  or 
light  material  flying  into  any  street,  place,  or  building,  from  any 
building  or  erection,  while  the  same  is  being  altered,  repaired,  or 
demolished,  or  otherwise.  (S.  C.,  §  118.) 


ARTICLE  14 

PLUMBING,  DRAINAGE  AND  SEWERAGE- 

Sec.  271.  Drainage;  duties  of  owners,  lessees,  tenants,  and  occupants 
of  buildings  and  premises. 

§  272.  Drainage  of  marsh  land. 

§  273.  Sewers;  to  be  adequately  flushed;  duties  of  boards,  de- 
partments, officers  and  persons. 

§  274.  Sewage,  drainage,  factory  refuse,  and  foul  offensive  liquid 
or  other  material;  disposal  thereof  regulated  and  re- 
stricted. 

§  275.  Change  in  drainage,  sewerage,  and  sewer  connection,  affect- 
ing other  premises  regulated. 

§  276.  Drains,  soil-pipes,  passages,  or  connections  between  sewers 
and  buildings;  to  be  adequate. 

§  277.  Plumbing;  to  be  kept  in  good  order  and  repair. 

§  278.  Plumbing  fixtures;  to  be  separately  trapped. 

§  279.  Drain,  soil,  and  waste  pipes;  joints  and  connections. 

§  280.  Drain  pipes  from  refrigerators;  to  discharge  into  open  sink; 
discharge  from  overflow  pipe  regulated. 

§  281.  Waste,  soil,  and  vent  pipes;  to  be  constructed  and  located 
so  as  not  to  contribute  to  the  creation  of  a  nuisance. 

§  272.  Ventilation  of  sewers  and  plumbing. 

§  283.  Rain  water  leaders  and  gutters;  use  restricted;  to  be  sound, 
tight,  and  adequate. 

§  284.  Privies  and  water-closets;  maintenance. 

§  285.  Temporary  privies;  to  be  provided  during  construction 
work. 

§  286.  Pro  vies  to  be  screened  to  prevent  access  of  flies. 

§  287.  Privy  vaults  and  cesspools;  construction. 


iiction 


SANITARY  CODE  471 

Sec.  271.  Drainage;  duties  of  owners,  lessees,  tenants,  and  occupants 
of  buildings  and  premises— No  person  being  owner,  lessee,  tenant, 
or  occupant  of  any  building  or  premises,  shall  allow  any  water  or 
other  liquid  to  run  from  or  out  of  such  building  or  premises  upon  or 
across  any  sidewalk  or  curbstone,  and,  no  such  substance  shall  be 
allowed  to  pass  into  any  street  except  by  means  of  a  passage  con- 
structed under  or  through,  which  passage  must  be  kept  at  all  times 
adequate  and  in  repair;  and  no  water  or  other  liquid,  or  ice  there- 
from, shall  be  allowed  to  gather  or  remain  on  the  upper  surface  of 
such  curb,  flag-stone,  or  passage;  nor  shall  any  such  person  allow 
any  accumulation  of  such  water  or  liquid,  or  the  ice  therefrom 
upon  any  street  or  place,  but  shall  at  all  times  cause  the  same  to  be 
removed  or  to  pass  along  the  gutter  or  some  proper  passage  to  one 
of  the  rivers  or  into  a  sewer.  (S.  C.,  §  40.) 

§  272.  Drainage  of  marsh  land. — It  shall  be  the  duty  of  every 
owner,  lessee,  agent,  contractor,  or  other  person  having  the  manage- 
ment or  control  of  any  salt  marsh  land,  inland  swamp,  sunken  lot, 
abandoned  excavation,  or  any  other  place  wherein  or  whereon  either 
salt  or  fresh  water  becomes  stagnant  and  in  which  said  stagnant 
water  mosquitoes  are  bred  and  developed,  to  fill  in  or  drain  the  same, 
or  employ  such  other  methods  as  will  prevent  at  all  times  the  breed- 
ing of  mosquitoes  in  or  on  such  places. 

§  273.  Sewers,'  to  be  adequately  flushed,'  duties  of  boards,  departments, 
officers  and  persons. — It  shall  be  the  duty  of  all  boards,  departments, 
officers,  and  persons  having  power  and  authority  so  to  do  or  re- 
quired (and  to  the  extent  thereof)  to  cause  sufficient  water  to  be 
used,  and  other  adequate  moans  to  be  taken,  so  that  whatever  sub- 
stances may  enter  any  sewer  shall  pass  speedily  along  and  from  the 
same  and  sufficiently  far  into  some  water  or  proper  reservoir,  in 
order  that  no  accumulations  shall  take  place  therein,  and  no  ex- 
halations proceed  therefrom,  dangerous  or  prejudicial  to  life  or 
health.  (S.  C.,  §  28.) 

§  274.  Sewage,  drainage,  factory  refuse,  and  foul  or  offensive  liquid 
or  other  material;  disposal  thereof  regulated  and  restricted. — No  person, 
persons,  company,  or  corporation  shall  cause,  permit,  or  allow  any 
sewage,  drainage,  factory  refuse,  or  any  foul  or  offensive  liquid  or 
other  material  to  flow,  leak,  escape,  or  be  emptied  or  discharged,  into 
the  waters  of  any  river,  stream,  canal,  harbor,  bay,  or  estuary,  or 
into  the  sea,  within  the  limits  of  the  City  of  New  York,  excepting 
under  low-water  mark,  and  in  such  manner  and  under  such  condi- 
tions that  no  nuisance  can  or  shall  be  caused  thereby  or  as  a  result 
1  hereof.  (S.  C.,  §  28.) 

§  275.  Change  of  drainage,  sewerage,  and  sewer  connection,  affecting 
other  premises  regulated. — No  change  shall  be  made  in  the  drainage, 
sewerage,  or  the  sewer  connection  of  any  house  or  premises,  involv- 
ing changes  in  the  drainage,  sewerage,  or  sewer  connection  of  any 
other  house  or  premises,  unless  at  least  30  days'  notice  thereof  in 
writing  shall  have  been  previously  given  to  this  Department,  and  to 
I  he  owner  or  occupant  of  the  premises  affected  by  such  change. 
(S.C.,  §27.) 

§  276.  Drains,  soil-pipes,  passages,  or  connections  between  sewers 
n  ml  ImiMingn;  to  be  adequate. — Every  person  using,  making,  or  having 
any  drain,  soil-pipe,  passage,  or  connection  between  any  sewer  (or 


472  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

any  river  or  other  body  of  water)  and  any  ground,  building,  erec- 
tion, or  place  of  business,  every  owner  or  tenant  of  any  such  ground, 
building,  or  erection  or  place  of  business,  and  every  person,  board, 
department,  or  officer  occupying  or  interested  in,  any  such  ground, 
building,  erection,  or  place  of  business,  shall,  to  the  extent  of  the 
right  and  authority  of  each,  cause  and  require  such  drain,  soil-pipe, 
passage,  or  connection  to  be  at  all  times  adequate  for  the  purpose  of 
conveying  and  allowing,  freely  and  entirely,  to  pass  whatever  enters 
or  should  enter  the  same.  (S.  C.,  §  27.) 

§  277.  Plumbing;  to  be  kept  in  good  order  and  repair. — All  house 
drains,  house  sewers,  waste  and  soil  pipes,  traps,  and  water  and  gas 
pipes,  in  any  building  or  premises  shall  at  all  times  be  kept  in  good 
order  and  repair  so  that  no  gases  or  odors  shall  escape  therefrom 
and  so  that  the  same  shall  not  leak;  and  all  vent  pipes  shall  be  kept 
in  good  order  and  repair  and  free  from  obstructions.  (S.  C.,  §  32.) 

§  278.  Plumbing  fixtures;  to  be  separately  trapped. — Every  water- 
closet,  urinal,  sink,  basin,  wash-tray,  and  bath,  and  every  tub  or  set 
of  tubs  and  hydrant  waste  pipe,  must  be  separately  and  effectively 
trapped,  except  where  a  sink  and  wash  tubs  immediately  adjoin 
each  other,  in  which  case  the  waste  pipe  from  the  tubs  may  be  con- 
nected with  the  inlet  side  of  the  sink  trap.  Traps  must  be  placed 
as  near  the  fixtures  as  practicable,  and  in  no  case  shall  a  trap  be 
more  than  two  feet  from  the  fixture.  In  no  case  shall  the  waste  from 
a  bath  tub  or  other  fixture  be  connected  with  a  water-closet  trap, 
nor  shall  any  trap  vent  pipe  be  used  as  a  waste  or  soil  pipe.  (S.  C., 
§33.) 

§  279.  Drain,  soil,  and  waste  pipes;  joints  and  connections. — All 
joints  in  cast  iron  drain,  soil,  and  waste  pipes  must  be  filled  with 
oakum  and  lead  and  be  hand  caulked  so  as  to  make  them  gas-tight. 
All  connections  of  lead  with  iron  pipes  must  be  made  with  a  brass 
sleeve  or  ferule  of  the  same  size  as  the  lead  pipe,  put  into  the  hub 
of  the  branch  of  the  iron  pipe,  and  caulked  with  lead;  and  the  lead 
pipe  must  be  attached  to  the  sleeve  or  ferrule  by  a  wiped  or  overcast 
joint.  All  connections  of  lead  waste  and  vent  pipes  shall  be  made 
by  means  of  wiped  joints,  and  all  connections  of  galvanized  wrought 
iron  pipe  shall  be  made  with  screw  joints.  (S.  C.,  §  31.) 

§  280.  Drain  pipes  from  refrigerators;  to  discharge  into  open  sink; 
discharge  from  overflow  pipe  regulated. — No  drain  pipe  from  a  refrig- 
erator shall  be  connected  with  the  soil  or  waste  pipe,  but  it  shall 
discharge  into  a  properly  trapped,  sewer-connected,  water-supplied, 
open  sink.  No  overflow  pipe  from  a  tank  shall  discharge  into  any 
soil  or  waste  pipe,  or  water-closet  trap,  or  into  the  drain  or  sewer, 
but  it  may  discharge  upon  the  rpof  or  into  an  open  water-supplied 
tank.  (S.C.,  §34.) 

§281.  Waste,  soil,  and  vent  pipes;  to  be  constructed  and  located  so 
as  not  to  contribute  to  the  creation  of  a  nuisance. — All  waste,  soil,  and 
vent  pipes  in  any  building  in  the  City  of  New  York  shall  extend  above 
the  roof  thereof  to  a  height  of  at  least  two  feet,  and  that  portion  of 
the  pipe  extending  above  the  roof  shall  be  of  an  increased  diameter. 
All  such  pipes  shall  be  so  constructed  and  located  that  they  shall 
not  contribute  to  the  creation  of  a  nuisance.  (S.  C.,  §  36.) 

§  282.  Ventilation  of  sewers  and  plumbing. — No  brick,  sheet  me 
or  earthenware,  material  or  chimney  flue  shall  be  used  as  a 


shall 

netal, 
sewer 


SANITARY  CODE  473 

ventilator,  or  to  ventilate  any  trap,  drain,  soil,  or  waste  pipe.    (S.  C., 

§  283.  Rain  water  leaders  and  gutters;  use  restricted;  to  be  sound, 
tight,  and  adequate. — Rain  waters  leaders  and  gutters  shall  be  sound, 
tight,  and  adequate  for  their  purpose  and  such  leaders  shall  not  be 
used  as  soil,  waste,  or  vent  pipes,  or  be  connected  therewith;  nor 
shall  any  soil,  waste,  or  vent  pipe  be  used  as  a  leader.  When  within 
the  house,  the  leader  must  be  of  cast  iron,  wrought  iron,  or  steel, 
with  leaded  joints  and  properly  connected  with  the  house  drain; 
when  outside  of  the  house  and  connected  with  the  house  drain,  it 
must  be  trapped  beneath  the  ground  or  just  inside  of  the  wall,  the 
trap  being  arranged  in  either  case  so  as  to  prevent  freezing.  In  every 
case  where  a  sewer  or  cesspool  connected  leader  opens  near  a  window 
or  a  light-shaft,  it  must  be  properly  trapped  at  its  base.  The  joint 
between  a  cast  iron  leader  and  the  roof  must  be  made  gas  and  water 
tight  by  means  of  a  brass  ferrule  and  a  lead  or  copper  pipe  properly 
connected.  (S.  C.,  §  35.) 

§  284.  Privies  and  water-closets;  maintenance. — Every  owner, 
lessee,  keeper,  or  manager  of  any  boarding-house,  lodging-house, 
dwelling-house,  and  any  factory,  workroom,  store,  office,  or  place 
of  business,  in  which  persons  are  employed,  shall  provide,  or  cause 
to  be  provided,  for  the  use  of  the  tenants,  boarders,  lodgers,  dwellers 
or  employees  therein  adequate  privies  or  water-closets,  and  the 
same  shall  be  properly  lighted  and  ventilated,  and  shall  at  all  times 
be  kept  in  such  cleanly  and  sanitary  condition,  as  not  to  be  offensive 
or  dangerous  or  detrimental  to  life  or  health.  And  no  offensive  smell 
or  gases,  from  any  outlet  or  sewer,  or  from  any  such  privy  or  water- 
dosrt,  shall  be  allowed  to  pass  into  any  other  part  of  said  house, 
building,  or  premises,  or  into  any  other  house,  building,  or  premises. 
(S.  C.,  §  20.) 

§  285.  Temporary  privies;  to  be  provided  during  construction  work. — 
Contractors  or  builders  shall  provide  or  cause  to  be  provided  tem- 
porary privies  for  the  use  of  the  men  employed  during  construction 
work,  at  some  convenient  place  upon  the  premises,  or  which  shall 
be  readily  accessible,  and  the  same  shall  be  properly  screened  to 
prevent  the  entrance  of  flies  thereto.  The  contents  of  such  privies 
shall  be  disinfected  and  removed,  and  shall  not  be  allowed  to  accumu- 
late thereat.  Contractors,  builders,  or  other  persons  having  the 
management  and  control  of  construction  work  shall  prevent  the 
commission  of  any  nuisance  by  workers,  employees,  or  other  persons 
connected  therewith,  in  and  about  such  work  or  premises,  and  re- 
quire workers  and  employees  to  use  the  privies  so  provided.  (S.  C., 
§  37a.) 

§  286.  Privies  to  be  screened  to  prevent  access  of  flies. — It  shall  be 
the  duty  of  each  owner,  lessee,  or  occupant  of  any  premises  on  which 
a  privy  is  located  or  used  to  cause  the  same  to  be  properly  screened 
so  that  flies  shall  not  have  access  thereto  or  to  the  contents  thereof. 
(S.  C.,  §  37a.) 

§  287.  Privy  vaults  and  cesspools;  construction. — No  privy  vault 
or  cesspool  shall  be  allowed  to  remain  on  any  premises,  or  built,  in 
the  City  of  New  York  unless  when  unavoidable.  The  sides  and 
bottom  of  every  privy  vault,  cesspool,  or  "school  sink,"  in  the  City 
of  New  York,  must  be  impermeable  and  secure  against  any  satura- 


474  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

tion  of  the  walls  or  the  ground  above  the  same,  unless  otherwise 
allowed  by  a  permit  in  writing  issued  therefor  by  the  Board  of  Health 
and  must  then  be  used  in  accordance  with  the  terms  of  said  permit 
and  the  Regulations  of  said  Board.  No  water-closet  or  privy  vault 
shall  be  constructed  without  adequate  provision  for  the  effectual 
and  proper  ventilation  and  cleansing  thereof.  (S.  C.,  §  37.) 


ARTICLE  15 

RAILROAD  CARS  AND  OTHER  PUBLIC  VEHICLES 

Sec.  301.  Public  vehicles  and  other  public  places;  to  be  cleaned 
daily. 

§  302.  Railroad  cars  and  other  public  vehicles;  carrying  or  con- 
veying soiled  or  cirty  clothing  restricted. 

§  303.  Railroad  cars  and  other  public  vehicles;  to  be  adequately 
and  sufficiently  ventilated. 

§  304.  Heating. 

§  305.  Lighting. 

§  306.  Cars  not  to  be  overcrowded. 

§  307.  Public  vehicles  not  to  be  overcrowded. 

Sec.  301.  Public  vehicles  and  other  public  places ;  to  be  cleaned  daily. — 
Every  railroad  car,  omnibus,  and  ferryboat,  used  in  the  City  of  New 
York  for  carrying  passengers,  and  every  railroad  depot,  railroad 
station,  railroad  platform,  and  ferryhouse,  and  every  public  room 
or  space  connected  therewith,  and  every  stairway  and  other  means 
of  entrance  thereto  or  exit  therefrom,  shall,  on  each  and  every  day 
on  which  it  shall  be  used,  be  carefully  and  thoroughly  cleaned  so  that 
all  refuse,  dirt,  and  filth  are  removed  therefrom,  in  such  manner  as 
to  avoid  the  raising  of  dust.  Dry  sweeping  is  prohibited. 

As  amended  by  the  Board  of  Health,  October  15,  1918. 

§  302.  Railroad  cars  and  other  public  vehicles;  carrying  or  conveying 
soiled  or  dirty  clothing  restricted. — No  person  shall  at  any  time  carry 
or  convey  upon  or  in  any  passenger  car  or  other  public  vehicle,  nor 
shall  any  conductor  or  person  in  charge  of  any  such  car  or  other 
public  vehicle  permit  or  allow  to  be  carried  or  conveyed  upon  or  in 
such  car  or  other  public  vehicle,  except  upon  or  on  the  front  plat- 
form thereof,  any  soiled  or  dirty  articles  of  clothing  or  bedding. 
(S.  C.,  174.) 

As  amended  by  the  Board  of  Health,  December  16,  1916. 

§  303.  Railroad  cars  and  other  public  vehicles;  to  be  adequately  and 
sufficiently  ventilated. — Every  railroad  car  and  other  public  vehicle 
used  in  the  City  of  New  York  for  carrying  of  passengers  shall  be 
constructed  so  as  to  provide  and  secure,  at  all  times,  good,  adequate 
and  sufficient  ventilation,  and  such  good,  adequate  and  sufficient 
ventilation  shall  be  maintained  at  all  times  by  natural  or  mechanical 
means.  (S.  C.,  §  175.) 

As  amended  by  the  Board  of  Health,  December  16,  1916. 


SANITARY    CODE  475 

§  304.  Heating.— Every  railroad  car  and  other  public  vehicle,  and 
every  ferryboat,  used  in  the  City  of  New  York  for  carrying  pas- 
sengers, and  every  depot,  station,  ferryhouse  and  waiting  room  used 
in  connection  with  such  means  of  transit,  shall,  between  the  first 
day  of  October  of  each  year  and  the  first  day  of  April  of  each  follow- 
ing year,  be  properly  heated  and  kept  heated  whenever  the  tempera- 
ture upon  the  street  shall  fall  below  forty  degrees  Fahrenheit. 

As  amended  by  the  Board  of  Health,  December  16,  1916. 

§  305.  Lighting.— Every  railroad  car  and  other  public  vehicle,  and 
every  ferryboat  used  in  the  City  of  New  York  for  carrying  passen- 
gers, and  every  depot,  station,  ferryhouse,  waiting  room  and  other 
public  place  or  premise  used  in  connection  with  such  means  of 
transit  shall  be,  at  all  times,  adequately  lighted,  by  natural  or 
artificial  means. 

As  adopted  by  the  Board  of  Health,  December  16,  1916. 

§  306.  Cars  not  to  be  overcrowded. — Annulled  March  28,  1918. 
§  307.  Public  vehicles  not  to  be  overcrowded. — Annulled  March  28, 
1918. 


ARTICLE  16 

STREET   CONDITIONS 

Sec.  311.  Method  of  cleaning  streets  regulated. 
§  312.  Street  obstruction  prohibited. 
§  313.  Dirt  and  other  materials  not  to  obstruct  street. 

Sec.  311.  Method  of  cleaning  streets  regulated. — Every  person, 
when  cleaning  any  street,  shall  clean,  and  every  contractor  shall 
cause  to  be  cleaned,  the  gutters  and  parts  of  the  street  along  which 
the  water  will  run,  before  using  any  water  to  wash  the  same;  and  no 
substance  that  could  be  before  scraped  away  shall  be  washed  or 
allowed  to  be  carried  or  be  put  into  the  sewer,  or  into  any  receptacle 
therewith  connected.  (S.  C.,  §  39.) 

§  312.  Street  obstructions  prohibited. — No  person  having  the  right 
and  ability  to  prevent,  shall  take  or  drive  or  allow  to  go  or  be  taken, 
any  horse  or  other  animal,  or  any  vehicle,  upon  any  sidewalk  or 
footpath  in  front  of  any  building,  to  the  peril  of  any  person;  nor  shall 
any  person  block  or  obstruct,  or  contribute  to  the  blocking  or  ob- 
structing of,  any  street  or  other  public  place.  (S.  C.,  §  78.) 

§  313.  Dirt  and  other  materials  not  to  obstruct  street. — No  person 
shall  deposit  upon  any  street  or  public  place  within  the  generally 
built-up  portion  of  the  City  of  New  York,  or  upon  any  paved  street 
in  the  said  city,  any  dirt,  brick,  or  other  material,  in  such  manner 
as  to  occupy  more  than  one  hundred  square  feet  of  surface  of  any 
such  street  or  public  place  (and  the  same  shall  be  compact  and  at 
one  side);  nor  shall  any  person  allow  the  same  to  remain  in  said 
street  or  public  place  more  than  twelve  hours  without  a  permit  there- 
for issued  by  the  Board  of  Health,  or  unless  such  occupancy  shall 


476  CODE   OF  ORDINANCES   OP  THE   CITY   OF  NEW   YORK 

be  otherwise  duly  authorized  by  paramount  authority.  Nor  shall 
any  such  substance  be  so  deposited  or  allowed  to  remain  by  any 
person,  as  to  obstruct  the  free  flowage  along  any  gutter.  (S.  C., 
§  H7.) 

ARTICLE  17 

TRADES,    OCCUPATIONS   AND   BUSINESSES 

Sec.  321.  Occupations  and  businesses,  dangerous  or  detrimental  to 
life  or  health,  prohibited. 

§  322.  Offensive  or  noisome  trades  and  businesses  regulated. 

§  323.  Certain  offensive  or  noisome  trades,  occupations,  and 
businesses  prohibited  in  the  Borough  of  Manhattan. 

§  324.  Certain  offensive  or  noisome  businesses  in  the  Boroughs 
of  Brooklyn,  The  Bronx,  Queens,  and  Richmond  reg- 
ulated. 

§  325.  Business  of  slaughtering  cattle,  sheep,  swine,  pigs,  calves, 
and  fowl  regulated. 

§  326.  Business  of  slaughtering  cattle,  horses,  sheep,  swine,  pigs, 
and  calves  restricted  in  the  Borough  of  Manhattan. 

§327.  Slaughtering  of  horses  and  sale  of  horseflesh  for  food, 
regulated. 

§  328.  Tanning,  skinning,  and  scouring  or  dressing  hides  and 
leather  regulated. 

§  329.  Business  of  rendering  and  melting  fat  regulated. 

§330.  Business  of  manufacturing  or  preparing  sausages  and 
smoking  or  preserving  meat  or  fish  regulated. 

§  331.  Business  of  breaking  out  eggs  regulated;  sale  of  "spots" 
and  "spot  eggs"  prohibited;  the  term  "spot"  and 
"spot  eggs"  defined. 

§  332.  Boiling  varnish  or  oil;  distilling  alcoholic  spirits;  making 
lampblack,  turpentine,  or  tar;  treating  and  refining 
ores,  metals,  or  alloys  of  metals;  regulated. 

§  333.  Gas  manufacture  regulated  and  restricted;  plans  of  build- 
ings and  location  to  be  approved. 

§  334.  Lodging  houses  regulated. 

§  335.  Barber  shops  regulated. 

§  336.  Public  laundries  regulated. 

§  337.  Duty  of  employers  to  provide  means  to  prevent  occupa- 
tional diseases. 

§338.  Manufacturing,  sorting  and  handling  cigars,  cigarettes 
and  tobacco  regulated. 

§  339.  Removal  of  dust,  gases,  and  other  impurities  from  work- 
rooms by  suction  devices. 

§  340.  Bathing  establishments  regulated. 

§  341.  Ocean  bathing;  regulations  for  protection. 

§  342.  Horseshoeing  establishments  regulated. 

Sec.  321.  Occupations  and  businesses,  dangerous  or  detrimental  to 
life  or  health,  prohibited. — No  occupation  or  business  that  is  danger- 
ous or  detrimental  to  life  or  health  shall  be  established  or  carried  on 
in  the  City  of  New  York.  (S.  C.,  §  92.) 


SANITARY  CODE  477 

§322.  Offensive  or  noisome  trades  and  businesses  regulated. — No 
establishment  or  place  for  carrying  on  any  offensive  or  noisome  trade 
or  business  shall  be  opened,  started,  established,  or  maintained  in 
the  City  of  New  York,  without  a  permit  therefor  issued  by  the  Board 
of  Health  or  otherwise  than  in  accordance  with  the  terms  of  said  per- 
mit and  with  the  Regulations  of  said  Board.  (S.  C.,  §  88.) 

§  323.  Certain  offensive  or  noisome  trades,  occupations  and  busi- 
nesses prohibited  in  the  Borough  of  Manhattan. — It  shall  not  be  lawful 
for  any  person,  persons,  or  corporation,  to  carry  on,  establish,  prose- 
cute, or  continue,  within  the  Borough  of  Manhattan,  the  occupation, 
or  trade,  or  business,  of  bone  boiling,  bone  burning,  bone  grinding 
horse  skinning,  cow  skinning,  or  skinning  of  dead  animals,  or  the 
boiling  of  offal;  and  any  such  establishment  existing  within  said 
Borough  shall  be  forwith  removed  from  said  Borough,  and  such 
occupation,  trade,  or  business  shall  be  forthwith  abated  and  dis- 
continued, provided  that  the  provisions  of  this  section  shall  not  apply 
to  the  slaughtering  or  dressing  of  animals  for  sale  in  said  Borough. 
(S.  C.,  §  90.) 

§  324.  Certain  offensive  or  noisome  businesses,  in  the  Boroughs  of 
Brooklyn,  The  Bronx,  Queens,  and  Richmond,  regulated. — The  busi- 
ness of  bone  crushing,  bone  boiling,  bone  grinding,  bone  or  shell  burn- 
ing, lime  making,  horse  skinning,  cow  skinning,  glue  making  from 
any  part  of  dead  animals,  gut  cleaning,  hide  curing,  fat  rendering, 
boiling  of  fish,  swill,  or  offal,  heating,  drying,  or  storing  of  blood, 
scrap,  fat,  grease,  or  other  offensive  animal  matter  or  of  offensive 
vegetable  matter,  or  manufacturing  materials  for  manure  or  ferti- 
lizer, shall  not  be  carried  on  in  the  Boroughs  of  Brooklyn,  The 
Bronx,  Queens,  or  Richmond  without  a  permit  therefor  issued  by 
the  Board  of  Health  or  otherwise  than  in  accordance  with  the  terms 
of  said  permit  and  with  the  Regulations  of  said  Board.  (S.  C.,  §  91.) 

§325.  Business  of  slaughtering  cattle,  sheep,  swine,  pigs,  calves, 
and  fowl  regulated: — The  business  of  slaughtering  cattle,  sheep, 
swine,  pigs,  calves,  or  fowl  shall  not  be  conducted  in  the  City  of 
New  York  without  a  permit  therefor  issued  by  the  Board  of  Health 
or  otherwise  than  in  accordance  with  the  terms  of  said  permit  and 
with  the  Regulations  of  said  Board.  It  shall  not  be  unlawful,  how- 
ever, to  slaughter  cattle,  sheep,  swine,  pigs,  or  calves  in  the  Borough 
of  Brooklyn,  at  such  places  where  such  business  was  established  and 
carried  on  on  January  3,  1898.  (S.  C.,  §  83.) 

§  326.  Business  of  slaughtering  cattle,  horses,  sheep,  swine,  pigs,  and 
calves  restricted  in  the  Borough  of  Manhattan. — The  business  of  slaugh- 
tering cattle,  horses,  sheep,  or  calves  shall  not  be  conducted  in  the 
Borough  of  Manhattan  except  in  that  part  of  the  said  Borough 
bounded  by  the  west  side  of  Eleventh  Avenue,  the  middle  line  of  the 
block  between  West  38th  and  West  39th  streets  (west  of  Eleventh 
avenue),  the  North  River,  and  the  south  side  of  West  41st  street; 
and  in  that  part  of  the  said  Borough  bounded  by  the  east  side  of 
First  avenue,  the  middle  line  of  the  block  between  East  42d  street 
and  Kast  43d  street  (east  of  First  avenue),  the  East  River,  and  the 
south  side  of  East  47th  street.  (Amend.  Dec.  21,  1915.) 

Tin-  business  of  slaughtering  swine  and  pigs  shall  not  be  continued 
in  flic  Borough  of  Manhattan  except  in  that  part  of  the  said  Borough 
bounded  by  the  west  side  of  Eleventh  avenue,  the  middle  line  of 


478  CODE  OF  ORDINANCES   OP  THE  CITY  OF  NEW  YORK 

the  block  between  West  38th  and  West  39th  streets  (west  of  Eleventh 
avenue)  the  North  River,  and  the  south  side  of  West  41st  street. 
(S.  C.,  §84.) 

Limiting  the  slaughtering  of  cattle  to  a  restricted  section  is  regulating  the  busi- 
ness and  not  void  as  being  in  restraint  of  trade.  Cronin  v.  People,  92  N.  Y.  318. 

§  327.  Slaughtering  of  horses  and  sale  of  horseflesh  for  food  regulated. 
— The  business  of  slaughtering  horses  shall  not  be  conducted  in  the 
City  of  New  York,  not  shall  any  horseflesh  be  brought  into,  or  held, 
kept,  or  offered  for  sale  in  said  City  without  a  permit  therefor,  issue.  1 
by  the  Board  of  Health,  or  otherwise  than  in  accordance  with  the 
terms  of  said  permit  and  the  Regulations  of  said  Board.  (Amended 
Dec.  21,  1915.) 

§  328.  Tanning,  skinning,  and  scouring  or  dressing  hides  and  leather 
regulated. — No  establishment  or  place  of  business  for  tanning,  skin- 
ning, or  scouring,  or  for  dressing  hides  or  leather  shall  be  opened, 
started,  established,  or  maintained  in  the  City  of  New  York,  without 
a  permit  therefor  issued  by  the  Board  of  Health  or  otherwise  than 
in  accordance  with  the  terms  of  said  permit  and  with  the  Regulations 
of  said  Board.  (S.  C.,  §  88.) 

§  329.  Business  of  rendering  and  melting  fat  regulated. — The 
business  of  rendering  or  melting  fat  shall  not  be  carried  on  in  the 
City  of  New  York  without  a  permit  therefor  issued  by  the  Board  of 
Health  or  otherwise  than  in  accordance  with  the  terms  of  said  permit 
and  with  the  Regulations  of  said  Board.  (S.  C.,  §  95.) 

§  330.  Business  of  manufacturing  or  preparing  sausages  and  smok- 
ing or  preserving  meat  or  fish  regulated. — The  business  of  manufac- 
turing or  preparing  sausages  or  smoking  or  preserving  meat  or  fish 
shall  not  be  carried  on,  nor  shall  any  place  therefor  be  established, 
in  the  City  of  New  York  without  a  permit  therefor  issued  by  the 
Board  of  Health  or  otherwise  than  in  accordance  with  the  terms  of 
said  permit  and  with  the  Regulations  of  said  Board.  (S.  C.,  §  49a.) 

§  331.  Business  of  breaking  out  eggs  regulated,'  sale  of  "spots"  and 
"spot  eggs''  prohibited,'  the  term  "spot"  and  "spot  eggs"  defined. — 
No  person  shall  break  out  eggs  for  sale  or  conduct  the  business  of 
breaking  out  eggs  to  be  canned,  frozen,  dried,  or  used  in  any  other 
manner,  in  the  City  of  New  York,  and  no  eggs  broken  from  the  shell, 
whether  canned,  frozen,  dried,  or  treated  in  any  other  manner,  shall 
be  received,  held,  kept,  sold,  offered  for  sale,  or  delivered  in  the  said 
City  without  a  permit  therefor  issued  by  the  Board  of  Health  or 
otherwise  than  in  accordance  with  the  terms  of  said  permit  and  with 
the  Regulations  of  said  Board. 

(a)  No  person  shall  receive,  hold,  keep,  sell,  offer  for  sale,  or  deliver, 
as  or  for  food,  or  to  be  used  in  food,  in  the  City  of  New  York,  any 
canned,  frozen,  or  dried  eggs,  or  eggs  broken  from  the  shell,  which  are 
adulterated  or  to  which  has  been  added  any  poisonous  ingredient  or 
any  ingredient  which  may  render  such  eggs  injurious  to  health,  or  to 
which  has  been  added  any  antiseptic,  preservative,  or  foreign  sub- 
stance not  evident  and  not  known  to  the  purchaser  or  consumer,  or 
which  shall  contain  filthy,  decomposed,  or  putrid  animal  matter. 

(b)  No  person  shall  keep,  sell  or  offer  for  sale  as  food  any  " spots" 
or  "spot  eggs."    Such  eggs  in  the  possession  of  a  dealer  in  food  shall, 
prima  facie,  be  deemed  to  be  held,  kept,  and  offered  for  sale,  as  such 
food. 


SANITARY  CODE  479 

The  term  "spots"  and  "spot  eggs,"  when  used  herein,  shall  be 
taken  to  mean  all  eggs  that  are  partially  hatched,  broken  yolked, 
blood  ringed,  or  veined,  and  all  unsound  eggs,  including  those  af- 
fected by  moulds  or  which  are  partly  decomposed  or  that  have  be- 
come sour.  (S.  C.,  §  48a.) 

§  332.  Boiling  varnish  or  oil;  distilling  alcoholic  spirits;  making 
lampblack,  turpentine,  or  tar;  treating  and  refining  ores,  metals,  or 
alloys  of  metals;  regulated. — No  person  shall  hereafter  erect  or  estab- 
lish in  the  City  of  New  York  any  manufactory  or  place  of  business, 
for  boiling  any  varnish  or  oil,  for  the  distilling  of  any  ardent  or 
alcoholic  spirits,  for  making  any  lampblack,  turpentine,  or  tar,  for 
the  treating  and  refining  of  ores,  metals,  or  alloys  of  metals,  with 
acids  or  heat,  or  for  conducting  any  other  business  that  will  or  does 
generate  any  offensive  or  deleterious  gas,  vapor,  deposit,  or  exhala- 
tion, without  a  permit  therefor  issued  by  the  Board  of  Health  or 
otherwise  than  in  accordance  with  the  terms  of  said  permit  and  with 
the  Regulations  of  said  Board.  (S.  C.,  §  94.) 

§  333.  Gas  manufacture  regulated  and  restricted;  plans  of  building 
and  location  to  be  approved. — No  person  or  corporation  being  a  man- 
ufacturer of  gas,  or  engaged  in  or  about  the  manufacture  thereof, 
shall  throw  or  deposit  or  allow  to  run,  or  shall  permit  to  be  thrown 
or  deposited,  into  any  public  waters,  river,  or  stream,  or  into  any 
sewer  therewith  connected,  or  into  any  street  or  other  public  place, 
any  gas,  tar,  or  any  refuse  matter  of  or  from  any  gas-house  works, 
manufactory,  mains,  or  service  pipes,  or  permit  the  escape  of  any 
offensive  odors  from  their  works,  mains,  or  pipes;  nor  shall  any  such 
person  or  corporation  permit  to  escape  from  any  of  their  works, 
mains,  or  pipes,  any  gas  dangerous  or  prejudicial  to  life  or  health, 
or  manufacture  illuminating  gas  of  such  ingredients  and  quality 
that  in  the  process  of  burning  it  any  substance  which  may  escape 
therefrom  shall  be  dangerous  or  prejudicial  to  life  or  health;  nor 
shall  any  such  person  or  corporation  fail  to  use  the  most  approved 
and  all  reasonable  means  for  preventing  the  escape  of  odors. 

No  buildings  shall  be  erected  or  converted  into,  or  used  as,  a  place 
for  the  manufacture  of  illuminating  gas,  until  the  plans  of  such 
buildings  and  the  location  thereof,  shall  have  been  duly  approved 
in  writing  by  the  Board  of  Health.  (S.  C.,  §  89.) 

§  334.  Lodging  houses  regulated. — No  lodging  house  containing 
rooms  in  which  there  are  more  than  three  beds  for  the  use  of  lodgers, 
or  in  which  more  than  six  persons  are  allowed  to  sleep,  shall  be  con- 
ducted, maintained,  or  operated  in  the  City  of  New  York  without 
a  permit  therefor  issued  by  the  Board  of  Health  or  otherwise  than 
in  accordance  with  the  terms  of  the  said  permit  and  the  Regulations 
of  the  said  Board.  (S.  C.,  §  21.) 

§  335.  Barber  shops  regulated. — No  barber  shop  in  the  City  of 
New  York  shall  be  conducted  otherwise  than  in  accordance  with  the 
Regulations  of  the  Board  of  Health.  (S.  C.,  §  179.) 

§  33fr.  Public  laundries  regulated. — No  public  laundry  shall  be 
conducted  otherwise  than  in  accordance  with  the  Regulations  of  the 
Board  of  Health.  The  provisions  of  this  section  shall  not  apply  to 
the  home  of  a  person  performing  laundry  work  thereat  for  a  regular 
family  trade. 

§  H37.  Duty  of  employers  to  provide  means  to  prevent  occupational 


480  CODE  OP  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 

diseases. — Every  employer  shall  provide  reasonably  effective  devices, 
means,  and  methods  to  prevent  the  contraction  by  his  employees 
of  any  illness  or  disease  incident  to  the  work  or  process  in  which  such 
employees  are  engaged. 

§  338.  Manufacturing,  sorting  and  handling  cigars ,  cigarettes  and 
tobacco  regulated.— No  person  engaged,  in  the  City  of  New  York, 
in  manufacturing,  sorting,  or  handling,  cigars  or  cigarettes  or  in  pre- 
paring, sorting,  or  handling,  tobacco  for  any  purpose,  shall,  at  any 
time,  touch  with  lips,  teeth,  or  tongue  any  such  cigar  or  cigarette 
or  any  such  tobacco,  intended  to  be  sold  or  offered  for  sale;  nor 
shall  any  person  moisten  with  saliva,  directly  or  indirectly,  by 
spitting,  or  by  use  of  the  fingers,  or  utensils  or  accessories  of  any  kind, 
any  such  cigar  or  cigarette  or  any  such  tobacco;  nor  shall  any  person 
spray  or  moisten  any  such  cigar  or  cigarette  or  any  such  tobacco 
by  means  of  water  or  any  other  liquid,  emitted  from  the  mouth; 
nor  shall  any  part  of  any  such  cigar  or  cigarette  be  allowed  to  touch 
or  be  introduced  into  the  nose  of  any  person. 

A  copy  of  this  section  shall  be  conspicuously  posted  in  every  place 
where  such  cigars  or  cigarettes  are,  or  tobacco  is  manufactured,  pre- 
pared, sorted,  or  handled.  (Amend.  Dec.  21,  1915.) 

§  339.  Removal  of  dust,  gases,  and  other  impurities  from  workrooms 
by  suction  devices. — Every  factory  and  other  place  of  business  in  any 
workroom  of  which,  in  the  course  of  business,  dust,  gases,  fumes, 
vapors,  fibers,  or  other  impurities  are  generated,  released,  or  set  in 
motion,  in  quantities  tending  to  injure  the  health  of  the  persons 
therein  employed,  shall  be  provided  with  suction  devices  that  will 
remove  such  dust,  gases,  fumes,  vapors,  fibers,  or  other  impurities 
from  every  such  workroom,  ana  such  devices  shall  be  installed  as 
near  as  practicable  to  the  place  where  such  dust,  gases,  fumes,  vapor, 
fibers,  or  other  impurities  are  generated,  released,  or  set  in  motion. 
Such  devices  shall,  also,  be  kept  constantly  working  when  their  em- 
ployment is  necessary  to  meet  the  requirements  of  this  section. 

Every  factory  and  other  place  of  business  in  any  workroom  of 
which,  through  the  nature  of  the  business  carried  on,  excessive  heat 
is  created  shall  be  provided  with  such  means  or  appliances  as  will 
appreciably  reduce  such  heat,  and  such  means  or  appliances  shall 
be  constantly  employed  when  such  excessive  heat  is  being  created. 

§  340.  Bathing  establishments  regulated. — Bathing  suits  shall  not 
be  hired  out,  nor  shall  any  bathing  establishment  be  maintained  in 
the  City  of  New  York  without  a  permit  therefore  issued  by  the  Board 
of  Health  or  otherwise  than  in  accordance  with  the  terms  of  said 
permit  and  the  Regulations  of  said  Board.  For  the  purpose  of  this 
section,  the  expression  "bathing  establishment"  shall  be  taken  to 
mean  and  include  every  building,  room,  enclosure,  place  or  premises 
wherein  bathing  is  permitted  for  hire  or  wherein  bathing  suits  are 
hired  out  or  which,  for  hire,  is  used  for  the  purpose  of  dressing  or 
undressing  in  connection  with  the  wearing,  putting  on  or  taking  off 
of  bathing  suits.  (S.  C.,  §26.) 

As  amended  by  the  Board  of  Health,  June  28,  1916,  and  further  amended  June 
28,  1917. 

For  the  purpose  of  this  section  the  expression  "bathing  establish- 
ment" shall  be  tak,en  to  mean  and  include  every  building,  room, 
enclosure,  place,  or  premises  wherein  bathing  suits  are  hired  out,  or 


SANITARY  CODE  481 

which,  for  hire,  is  used  for  the  purpose  of  dressing  or  undressing 
in  connection  with  the  wearing,  putting  on,  or  taking  off  of  bathing 
suits.  (Amend,  adopted  June  28,  1916.) 

§341.  Ocean  bathing;  regulations  for  protection. — Every  keeper  or 
proprietor  of  a  hotel  or  boarding  house,  and  every  other  person  having 
a  bathing-house  upon  or  near  any  beach  or  shore  of  the  ocean  for 
the  accommodation  of  his  guests  or  other  persons,  for  pay,  shall 
provide  for  the  safety  of  such  bathers  two  lines  of  sound,  serviceable, 
and  strong  manila  or  hemp  rope,  not  less  than  one  inch  in  diameter, 
anchored  at  some  point  above  high  water,  at  the  same  distance  apart 
as  the  width  of  the  space  occupied  by  him  fronting  on  such  beach; 
and  from  the  two  points  at  which  such  life  lines  are  so  anchored, 
such  lines  shall  be  made  to  extend  as  far  into  the  surf  as  bathing 
therein  is  ordinarily  safe  and  free  from  danger  of  drowning  to  persons 
not  expert  in  swimming,  and  at  such  limit  points  of  safety  such  lines 
shall  be  anchored  and  buoyed.  From  such  limit  points  of  such  lines 
so  extended,  anchored,  and  buoyed,  a  third  line  shall  be  extended, 
connecting  the  two  extremities  of  such  lines,  and  buoyed  at  such 
points  as  to  be  principally  above  the  surface  of  the  water,  thereby 
inclosing  a  space  within  such  lines  and  the  beach  within  which  bath- 
ing is  believed  to  be  safe.  Every  such  keeper,  proprietor,  or  other 
such  person  shall  cause  to  be  painted  and  put  up  in  some  prominent 
place  upon  the  beach,  near  such  bathing-houses,  the  following  words: 
"Bathing  beyond  the  lines  dangerous."  Such  lines  so  placed,  an- 
chored, and  buoyed,  and  such  notice  so  put  up,  shall  be  so  main- 
tained by  every  such  keeper,  proprietor,  or  other  person  during  the 
entire  season  of  surf  bathing.  The  owner  of  a  bathing-house  shall 
not  be  subject  to  the  provisions  of  this  section  where  such  bathing- 
house  is  used,  occupied,  or  maintained  by  a  lessee  for  hire,  but,  in 
such  instances,  the  lessee  shall  be  deemed  the  keeper  or  proprietor 
thereof.  (S.  C.,  §  26.) 

§342.  Horseshoeing  establishments  regulated. — No  horseshoeing 
establishment  shall  be  conducted  or  maintained  in  the  City  of  New 
York  without  a  permit  therefor  issued  by  the  Board  of  Health,  or 
otherwise  than  in  accordance  with  the  terms  of  said  permit  and  the 
Regulations  of  said  Board.  (New.  Passed,  Dec.  21,  1915.) 


ARTICLE  18 

VESSELS  AND  SEAMEN 

Sec.  351.  Duties  of  masters,  chief  officers,  and  physicians. 

§  352.  Vessels  from  infected  ports,  or  liable  to  quarantine;  not 

to  be  brought  within  three  hundred  yards  of  docks  or 

piers  unless  permitted. 
§  353.  Vessels  not  in  quarantine;  duty  of  master,   chief  officers, 

and  consignee  to  make  daily  reports. 

§  354.  Removal  of  persons  sick  of  an  infectious  disease  prohibited. 
§  355.  Removal  of  persons  and  articles  exposed  to  infectious 

disease  restricted;  permit  required. 
§  356.  Straw,  bedding,  clothing,  and  other  substances;  not,  to  he 

cast  into  public  waters. 


482  CODE  OF  ORDINANCE  OF  THE  CITY  OF  NEW  YORK 

§  357.  Births,  marriages,  and  deaths;  duty  of  officers,  surgeons, 
and  others  to  report. 

§  358.  Discharge  of  cargo  regulated. 

§  359.  Skins,  hides,  rags,  straw,  bedding,  and  other  articles  and 
materials;  removal  and  distribution  regulated. 

§  360.  Houseboats;  the  use  thereof  regulated. 

§  361.  Boats  and  other  water  craft;  loud  and  explosive  noises 
prohibited. 

§  362.  Duties  of  keepers,  lessees,  tenants,  and  owners  of  boarding- 
houses  and  lodging-houses. 

Sec.  351.  Duties  of  masters,  chief  officers,  and  physicians. — Every 
master  and  chief  officer  of  any  vessel,  and  every  physician  of,  or  who 
has  practiced  on,  any  vessel,  which  shall  arrive  in  the  port  of  New 
York  from  any  other  port,  shall  at  once  report  to  the  Department  of 
Health  any  facts  connected  with  any  person  or  thing  on  said  vessel, 
or  that  came  thereon,  which  he  has  reason  to  think  may  endanger 
the  public  health  of  the  City  of  New  York;  and  he  shall  report  the 
facts  as  to  any  person  thereon  being  or  having  been  sick  of  an  in- 
fectious disease,  and  as  to  there  being  or  having  been  thereon  during 
the  voyage  or  since  the  arrival  of  any  such  vessel  any  infected  person 
or  articles.  (S.  C.,  §  151.) 

§  352.  Vessels  from  infected  ports,  or  liable  to  quarantine;  not  to  be 
brought  within  three  hundred  yards  of  docks  or  piers  unless  permitted. — 
No  master,  charterer,  consignee,  or  other  person  shall  order,  bring, 
or  allow  (having  power  and  authority  to  prevent)  any  vessel  or 
person,  or  article  therefrom,  from  any  infected  port,  or  any  vessel,  or 
person  or  article  therefrom,  liable  to  quarantine,  according  to  the 
ninth  section  of  the  three  hundred  and  fifty-eighth  chapter  of  the 
Laws  of  1863  (or  under  any  other  laws,  and  whether  such  quarantine 
has  been  made  or  suffered  or  not),  to  come  or  be  brought  to  any 
point  nearer  than  three  hundred  yards  from  any  dock,  pier,  or  build- 
ing, in  the  City  of  New  York  without  a  permit  therefor  issued  by  the 
Board  of  Health,  or  otherwise  than  in  accordance  with  the  terms  of 
said  permit  and  with  the  Regulations  of  said  Board.  Nor  shall  any 
vessel,  or  person  or  thing  therein  or  therefrom,  having  been  in  quar- 
antine, come  or  be  brought  or  be  permitted  to  remain  within  the  last- 
named  distance  of  any  last-named  place,  without  a  permit  therefor 
issued  by  the  Board  of  Health  or  otherwise  than  in  accordance  with 
the  terms  of  said  permit  and  with  the  Regulations  of  said  Board. 
(Amended,  Dec.  21,  1915.) 

§  353.  Vessels  not  in  quarantine ',  duty  of  master,  chief  officers,  and 
consignee  to  make  daily  reports. — The  master,  chief  officer,  and  con- 
signee, of  every  vessel  not  being  in  quarantine,  or  within  quarantine 
limits,  but  being  within  one-fourth  of  a  mile  of  any  dock,  wharf,  pier, 
or  building  of  the  City  of  New  York,  shall  daily  report  to  the  Depart- 
ment of  Health,  or  cause  to  be  reported  thereto,  in  writing,  the  par- 
ticulars, and  shall  therein  state  the  name,  disease,  and  condition,  of 
any  person  in  or  on  such  vessel  who  is  sick  of  any  infectious  disease. 
(S.  C.,  §  149.) 

§  453.  Removal  of  persons  sick  of  an  infectious  disease  prohibited. — 
No  person  shall  bring  into  the  City  of  New  York  from  any  infected 
place,  or  land  at  or  take  into  the  said  City  from  any  vessel  lately 


SANITARY  CODE  483 

from  an  infected  port,  or  from  any  vessel  or  building  in  which  haw 
lately  been  any  person  sick  of  an  infectious  disease,  any  article  or 
person  whatsoever,  nor  shall  any  such  latter  person  land  or  come 
into  said  City,  without  a  permit  therefor  issued  by  the  Board  of 
Health  or  otherwise  than  in  accordance  with  the  terms  and  conditions 
of  said  permit;  and  it  shall  be  no  excuse  that  the  person  so  offending, 
or  the  article  involved  in  the  offense,  has  passed  through  quarantine, 
or  that  a  permit  therefor  has  been  obtained  from  any  other  source 
than  the  said  Board.  (S.  C.,  §  156.) 

§  355.  Removal  of  persons  and  articles  exposed  to  infectious  dis- 
eases restricted;  permit  required. — No  captain,  officer,  consignee, 
owner,  or  other  person  in  charge  of  any  vessel  (or  haying  right  and 
authority  to  prevent)  shall  remove  or  aid  in  removing  from  any 
vessel  to  the  shore  (save  as  legally  authorized  by  the  Health  Officer 
of  the  Port  of  New  York,  and  then  into  quarantine  grounds  and 
buildings  only)  any  person  sick  of,  or  person  that  has  been  exposed 
to  and  is  liable  very  soon  to  develop,  any  infectious  disease,  or  so 
remove  or  aid  in  removing  any  articles  that  may  have  been  exposed 
to  the  contagion  of  any  such  disease,  without  or  otherwise  than  in 
accordance  with  the  terms  and  conditions  of  a  permit  therefor  issued 
by  the  Board  of  Health.  (S.  C.,  §  154.) 

§  356.  Straw,  bedding,  clothing,  and  other  substances;  not  to  be  cast 
into  public  waters. — No  owner,  part  owner,  charterer,  agent,  or  con- 
signee of  any  vessel,  or  any  officer  or  person  having  charge  or  control 
of  the  same,  shall  cast  or  allow  to  be  cast,  therefrom,  into  any  public 
waters  of  the  City  of  New  York,  any  straw,  bedding,  clothing,  or 
other  substance.  (S.  C.,  §  157.) 

§  357.  Births,  marriages,  and  deaths;  duty  of  officers,  surgeons,  and 
others  to  report. — The  master,  chief  officer,  ship's  surgeon,  or  the 
company,  corporation,  charterer,  or  person  having  the  management 
and  control,  of  any  vessel  which  shall  arrive  at  the  port  of  New  York 
shall  report,  in  writing,  to  the  Department  of  Health  of  the  City  of 
New  York,  within  three  days  after  the  arrival  of  such  vessel,  the 
death  or  marriage  of  any  resident  of  said  City,  or  the  birth  of  any 
child,  whose  parents  are  residents  or  parent  is  a  resident  of  said  City, 
occurring  thereon  at  sea,  and  shall  file  in  the  Bureau  of  Records  of 
said  Department  a  transcript  of  the  entry  made  in  the  log  book  of 
such  vessel,  in  respect  to  any  such  death,  marriage,  or  birth.  A 
transcript  of  any  death,  marriage,  or  birth  filed  as  aforesaid  may  be 
issued,  in  the  discretion  of  said  Department,  to  any  person  entitled 
to  receive  the  same.  (S.  C.,  §  151a.) 

§  358.  Discharge  of  cargo  regulated. — No  owner,  agent,  or  consignee, 
of  any  vessel,  or  cargo,  and  no  officer  of  any  vessel  (in  respect  of 
either  of  which  vessel  or  cargo  a  permit,  according  to  any  law ,  ordi- 
nance, or  regulation  shall  or  should  have  been  obtained  to  pass 
quarantine,  or  to  come  up  to  the  water-front  of  the  City  of  New 
York)  shall  unload,  or  land,  or  cause  to  be  unladen  or  landed,  such 
cargo,  or  any  part  thereof,  at  any  place  in  said  City,  without  or 
otherwise  than  in  accordance  with  the  terms  and  conditions  of  a  per- 
mit therefor  issued  by  the  Board  of  Health.  (S.  C.,  §  153.) 

§359.  Skins,  hides,  rags,  straw,  bedding,  and  other  articles  and 
materials:  removal  and  distribution  regulated. — No  master,  charterer, 
owner,  part  owner,  or  consignee  of  any  vessel,  or  any  other  person, 


484  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

shall  bring  nearer  to  any  dock,  pier,  wharf,  or  building,  than  one 
thousand  feet  therefrom  in  the  City  of  New  York,  or  unload  at  any 
dock,  pier,  wharf,  or  building,  therein,  or  have  on  storage  in  the 
built-up  portions  of  said  City,  any  skins,  hides,  rags,  or  similar  arti- 
cles or  materials  which  have  been  brought  from  any  foreign  country 
or  any  infected  place,  or  from  any  points  south  of  Norfolk,  Virginia, 
without  or  otherwise  than  in  accordance  with  the  terms  and  condi- 
tions of  a  permit  therefor  issued  by  the  Board  of  Health,  and  no 
person  shall  sell,  exchange,  remove,  or  in  any  way  expose,  any  straw, 
bedding,  or  other  articles  used  by  immigrants  upon  any  vessel  bring- 
ing immigrants  to  this  port,  until  it  shall  have  been  adequately  and 
properly  cleansed  or  disinfected;  and  all  straw,  bedding,  or  other 
articles  that  have  been  exposed  on  any  vessel  to  the  contagion  or  in- 
fection of  any  infectious  disease,  or  have  been  or  are  liable  to  com- 
municate such  disease,  shall  be  destroyed  by  fire  on  said  vessel. 
(S.  C.,  §  152.) 

§  360.  Houseboats;  the  use  thereof  regulated. — No  houseboat,  while 
used  or  occupied  as  such,  shall  be  moored,  anchored,  or  located  in 
the  waters  of  any  inlet  or  bay  within  the  territorial  limits  of  the  City 
of  New  York,  except  the  upper  or  lower  bay  of  New  York  Harbor, 
without  a  permit  therefor  issued  by  the  Board  of  Health  or  otherwise 
than  in  accordance  with  the  terms  of  said  permit  and  with  the  Regu- 
lations of  said  Board;  and  no  person  shall  use  or  occupy  for  living 
purposes  any  such  boat  so  moored,  anchored,  or  located,  unless  a 
permit  for  such  boat  has  been  issued  as  hereinbefore  provided,  or 
then  otherwise  than  in  accordance  with  the  terms  of  said  permit  and 
the  Regulations  of  said  Board.  (S.  C.,  §  157a.) 

§  361.  Boats  and  other  water  craft;  loud  and  explosive  noises  pro- 
hibited.— All  boats  or  other  water  craft  plying  on  any  of  the  waters 
of  or  adjacent  to  the  City  of  New  York,  equipped  with  a  gasoline  or 
other  internal  combustion  engine  in  which  a  gas  is  generated  or  used 
for  purposes  of  propulsion,  shall  be  construed  so  that  the  exhaust 
from  such  engine  is  made  to  discharge  into  a  muffler  or  other  device 
which  will  prevent  loud  or  explosive  noises  occurring  on  or  about 
any  such  boat  or  craft,  and  no  person  having  the  management  and 
control  of  any  such  boat  or  craft,  or  operating  the  engine  thereon, 
shall  cause,  permit,  suffer,  or  allow  the  exhaust  from  such  engine 
to  discharge  into  the  open  air,  or  otherwise  than  into  a  muffler  or 
other  device  which  will  prevent  loud  or  explosive  noises  occurring 
on  or  about  any  such  boat  or  craft.  (S.  C.,  §  188.) 

§  362.  Duties  of  keepers,  lessees,  tenants,  and  owners  of  boarding- 
houses  and  lodging-houses. — The  keepers,  lessees,  tenants,  and  owners 
of  every  boarding-house  and  lodging-house  shall  forthwith  notify 
the  Department  of  Health  of  the  fact  of  any  seafaring  man,  or  person 
coming  lately  from  any  vessel,  being  taken  sick  at  such  house,  and 
shall,  at  the  same  time,  inform  the  said  Department  of  the  premises 
where  such  sick  person  may  be  found,  and  of  the  name  of  the  vessel 
from  which  and  the  time  when  such  person  came,  to  the  best  of  the 
knowledge  of  the  person  or  persons  giving  such  notice  and  informa- 
tion. (S.  C.,  §  150.) 

The  Sanitary  Code  of  the  Board  of  Health  of  the  Department  of 
Health  of  the  City  of  New  York,  revised  and  amended  by  the  said 
Board  and  filed,  as  thus  revised  and  amended,  with  the  City  Clerk 


SANITARY  CODE  485 

of  the  City  of  New  York,  pursuant  to  the  provisions  of  Section  1172 
of  the  Greater  New  York  Charter. 

Revised  and  amended  December  31st,  1914. 

Filed,  as  thus  revised  and  amended,  with  the  City  Clerk  Apr.  9,  '15. 

NOTES. — Pleading,  evidence. — The  Sanitary  Code,  like  all  ordinances,  must  be 
pleaded  and  proved  as  a  matter  of  fact  to  be  used  in  evidence.     The  court  will 


not  take  judicial  notice  of  ordinances.  Boston  v.  Abraham,  91  App.  Div.  417; 
City  of  New  York  v.  Knickerbocker  Trust  Co.,  104  App.  Div.  223;  Met.  Milk  Co. 
v.  City  of  N.  Y.,  98  N.  Y.  Supp.  894;  113  App.  Div.  377;  186  N.  Y.  533;  Dept.  of 
Health  v.  City  R.  E.  Invest.  Co.,  86  N.  Y.  Supp.  18. 


Abating  nuisance. — Sec.  1179,  L.  1901,  ch.  466,  gives  Board  of  Health  power  to 
abate  any  building  which  it  deems  a  nuisance,  and  sec.  1300  prescribes  the  pro- 
cedure. The  right  to  destroy  a  building  summarily  is,  if  granted  by  statute,  valid. 
Egan  v.  Health  Dept.,  9  App.  Div.  431 ;  Van  Wormer  v.  Mayor  of  Albany,  15  Wend. 
262;  Cartwright  v.  City  of  Cohoes,  39  App.  Div.  69;  Smith  v.  Irish,  37  App.  Div. 
220;  but  the  necessity  for  such  an  abatement  is  a  question  of  fact  which  will  be 
reviewed  by  the  courts.  Health  Dept.  v.  Dassori,  159  N.  Y.  245;  People  ex  rel. 
Copcutt  v.  Board  of  Health  of  Yonkers,  140  N.  Y.  1.  As  to  powers  of  board,  see 
People  ex  rel.  Savage  v.  Board  of  Health,  33  Barb.  344.  An  order  abating  a  nui- 
sance must  be  specific.  Rogers  v.  Baker,  31  Barb.  447.  Such  an  order  is  in  its 
nature  judicial  and  prima  facie,  is  deemed  just  and  legal,  but  is  not  conclusive. 
Golden  v.  Health  Dept.  of  N.  Y.,  21  App.  Div.  420;  Village  of  Flushing  v.  Carraher, 
87  Hun,  63.  And  while  a  board  may  abate  a  nuisance,  it  cannot  erect  anything 
new  which  is  not  necessary  to  abate.  Haag  v.  City  of  Mt.  Vernon,  41  App.  Div.  36(5. 

Constitutional. — See  notes  before  Art.  1,  supra.  A  law  to  preserve  the  public 
health  may  be  constitutional  even  though  it  require  expenses  of  a  citizen  coming 
within  its  provisions  without  previous  notice  and  a  hearing.  Eckhardt  v.  City 
of  Buffalo,  19  App.  Div.  1. 

Liability  of  health  officers. — As  to  liabilities  of  health  officers  in  destroying  prop- 
erty for  rights  and  remedies,  see  Sbarboro  v.  Health  Dept.  of  N.  Y.,  2i>  App.  Div. 
177;  Golden  v.  Health  Dept.  of  N.  Y.,  21  App.  Div.  420;  Underwood  v.  Green,  42 
N.  Y.  140;  Egan  y.  Health  Dept.  of  N.  Y.,  9  App.  Div.  431.  Members  of  Board  of 
Health  are  administrative  and  not  judicial  officers.  People  ex  rel.  Lodes  v.  Dept. 
of  Health,  189  N.  Y.  187. 

Injunctions. — Injunctions  may  be  given  health  authorities.  Yonkers  v.  Cop- 
cutt, 140  N.  Y.  12;  Gould  v.  Rochester,  105  N.  Y.  46;  Green  Island  v.  Magill,  17 
App.  Div.  249;  N.  Y.  Health  v.  Purdon,  99  N.  Y.  237;  N.  Y.  Health  v.  Labor, 
38  Hun,  542. 

Gnrbage. — Cities  have  the  power  to  prevent  garbage  being  drawn  through  the 
streets  by  the  owners.  Eddy  v.  Buffalo,  193  Ann.  Div.  246. 

Jurisdiction.— Under  the  Greater  New  York  Charter,  the  Department  of  Health 
may  sue  and  be  sued.  Alexander  v.  New  York,  194  App.  Div.  161. 

Manure. — Regulations  governing  the  removal  are  reasonable.  Kenny  v.  Health 
Dept.  110  Miso.  692. 


486          CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


CHAPTER  21 
Sewers  and  Drains 

Article  1.  General  provisions. 

2.  Construction. 

3.  Maintenance. 


ARTICLE  1 

GENERAL  PROVISIONS 


Sec.  1.  Jurisdiction. 


Sec.  1.  Jurisdiction. — All  sewers  and  drains  in  streets  or  public 
places  shall  be  under  the  charge  of  the  president  of  the  borough  in 
which  the  same  are  situated,  who  shall  keep  the  same  in  good  order 
and  condition,  and  clean  and  free  from  obstructions.  He  shall  cause 
such  repairs  to  be  made  to  sewers,  drains  and  to  the  receiving  basins, 
culverts  and  openings  connected  therewith,  as  may  from  time  to 
time  become  necessary;  provided  that  such  sewer  culverts  shall  be 
cleaned  at  night  and  not  in  the  daytime.  (C.  O.,  §  152.) 


ARTICLE  2 

CONSTRUCTION 

Sec.  10.  Construction  generally. 
§  11.  Private  constructions. 
§  12.  Fees  for  connections. 
§  13.  Constructors;  license  and  bond. 
§  14.  Notice  to  public  service  corporations. 
§  15.  Water  connections. 

Sec.  10.  Construction  generally.  1.  Permit. — No  connection  shall 
be  made  with  any  sewer  or  drain  without  a  written  permit  therefor, 
issued  by  the  borough  president  having  jurisdiction. 

2.  Mode  and  materials  of  construction.  Each  borough  president, 
within  his  jurisdiction,  shall  prescribe  the  mode  of  piercing  or  open- 
ing sewers  or  drains  and  the  form,  size  and  material  of  which  con- 
nections therewith  shall  be  composed,  and  shall  have  authority  to 
grant  permission  to  make  lateral  connections  with  said  sewers. 
No  person  shall  make  any  connection  with,  or  opening  into  any  sewer 
in  a  mode  different  from  that  prescribed  therefor  by  the  borough 
president,  under  the  penalty  of  $50.  (C.  O.,  §§  153,  156.) 

§  11.  Private  constructions. — Within  his  jurisdiction,  each  borough 
president  may  issue  permits  to  persons  to  construct,  at  their  own 
expense,  sewers  or  drains,  or  to  lay  pipes  to  connect  with  any  sewers 
or  drains  built  in  any  street,  on  being  furnished  with  the  written 
consent  of  the  owners  of  a  majority  of  the  property  upon  the  street 


SEWERS  AND  DRAINS  487 

through  which  such  sewer,  drain  or  pipe  is  to  pass;  but  such  per- 
mission shall  not  be  granted  except  upon  the  agreement,  in  writing, 
of  the  persons  applying  therefor,  that  they  will  comply  with  the 
provisions  of  chapter  23  of  this  ordinance,  in  relation  to  excavations 
in  streets;  that  they  will  indemnify  the  city  for  any  damages  or  costs 
to  which  it  may  be  put,  by  reason  of  injuries  resulting  from  neglect 
or  carelessness  in  performing  the  work  so  permitted,  and  that  no 
claim  will  be  made  by  them  or  their  successors  in  interest  against  the 
city,  if  the  work  so  permitted  shall  be  taken  up  by  the  authority  of 
the  board  of  aldermen,  or  for  exemption  from  an  assessment  lawfully 
imposed  for  constructing  sewers  or  drains  in  the  vicinity  of  their 
property;  and  upon  the  further  condition  that  the  board  at  any 
time  may  revoke  and  annul  such  permission  and  direct  such  sewers, 
drains  or  pipes  to  be  taken  up  or  removed.  (C.  0.,  §  154,  amend. 
Ord.  May  6,  1913.) 

§  12.  Fees  for  connections.  1.  Private. — The  fee  to  be  paid  to  the 
respective  borough  presidents  for  a  permit  for  each  connection  made 
either  directly  or  indirectly,  with  any  public  sewer  or  drain,  shall 
be  as  follows: 

In  the  borough  of  Manhattan,  $10; 

In  the  borough  of  Brooklyn.  $10; 

In  the  borough  of  Queens,  $5; 

In  the  borough  of  The  Bronx,  $5; 

In  the  borough  of  Richmond,  $5. 

No  additional  charge  shall  be  made  for  the  sewer  connection  to  a 
building  erected  in  place  of  one  that  has  been  removed,  demolished 
or  destroyed  in  whole  or  in  part,  or  for  extensions  or  alterations 
made  to  same,  unless  actually  a  new  connection  be  required.  (C.  O., 
§  158,  amend.  May  6,  1913.) 

Five  dollars  held  to  be  a  reasonable  fee.  City  of  Buffalo  v.  Stevenson,  145  App. 
Div.  117. 

2.  Public.  All  plumbing  contractors  performing  work  on  any 
municipal  or  public  building  in  the  city  shall  be  exempt  from  charge 
or  fees  for  connecting  into  any  public  sewer  in  any  street,  except  a 
nominal  charge  of  $10  for  each  such  municipal  or  public  building 
owned  by  the  city.  (Ord.  July  2,  1912.) 

§  13.  Constructors;  license  and  bond. — All  openings  into  any  sewers 
or  drains,  for  the  purpose  of  making  connection  therewith,  from  any 
house,  ccllar;  vault,  yard  or  other  premises,  shall  be  made  by  per- 
sons to  be  licensed  by  the  several  borough  presidents,  in  writing, 
to  perform  such  work,  who,  before  being  so  licensed,  shall  execute 
a  bond  to  the  city  in  the  sum  of  $1,000,  with  one  or  more  sureties 
to  be  approved  by  the  borough  president  issuing  such  license,  con- 
ditioned that  they  will  carefully  make  all  openings  into  any  sewer 
or  drain  in  the  manner  prescribed  by  the  borough  president  having 
jurisdiction,  without  injuring  the  same;  that  they  will  leave  no  ob- 
structions of  any  description  whatever  in,  and  will  properly  close 
up  the  sewer  or  drain  around  the  connection  made  by  them  and 
make  no  opening  into  the  arch  of  any  sewer  or  drain;  that  they  will 
faithfully  comply  with  the  provisions  of  this  ordinance  relating  to 
opening  and  excavating  streets;  be  responsible  for  any  damages 
or  injuries  that  may  accrue  to  persons,  animals  or  property,  by  rea- 
bon  of  any  opening  in  any  street  made  by  them  or  those  in  their 


488  CODE   OF   ORDINANCES  OP  THE   CITY   OF  NEW  YORK 

employ,  and  that  they  will  properly  refill  and  ram  the  earth,  and 
suitably  restore  the  pavement,  taken  up  for  excavating,  and  re- 
pave  the  same,  should  it  settle  or  become  out  of  order  within  6 
months  thereafter.  In  case  any  person  so  licensed  shall  neglect  to  re- 
pair the  pavement  aforesaidj  within  24  hours  after  being  notified,  the 
borough  president  having  jurisdiction  may  cause  the  same  to  be 
done  and  charge  the  expense  thereof  to  such  licensee.  (C.  O.,  §  57.) 

§  14.  Notice  to  public  service  corporations. — Whenever  any  sewer, 
culvert,  water  main  or  pipe  is  to  be  constructed,  altered  or  repaired 
in  any  street  in  which  the  pipes,  mains  or  conduits  of  public  service 
corporations  are  laid,  or  whenever  any  such  street  shall  be  regulated 
or  graded,  the  contractor  therefor  shall  give  notice,  in  writing,  of 
the  same  to  such  corporations,  or  to  the  one  whose  pipes,  mains  or 
conduits  are  laid  in  the  street  about  being  disturbed  by  the  con- 
struction, alteration,  or  repairing  of  such  sewer,  culvert,  water  mains 
or  pipes,  or  by  the  regulating  or  grading  thereof,  at  least  24  hours 
before  breaking  ground  therefor.  (C.  O.,  §  163.) 

§  15.  Water  connections. — All  connections,  with  sewers  or  drains, 
used  for  the  purpose  of  carrying  off  wastes  from  water-closets,  kitchen 
sinks  or  otherwise,  shall  have  facilities  for  a  sufficiency  of  water  to 
be  properly  discharged,  so  as  to  safely  carry  off  such  matters,  under 
the  penalty  of  $5  for  each  day  the  fixtures  are  permitted  to  remain 
without  adequate  means  for  such  water  supply.  (C.  O.,  §159, 
amend.  May  6,  1913.) 

ARTICLE  3 

MAINTENANCE 

Sec.  20.  Obstructing  substances. 
§  21.  Volatile  inflammable  liquids. 
§  22.  Steam  and  hot  water. 
§  23.  Injury  to  sewers,  basins  and  manholes. 
§24.  Violations. 

Sec.  20.  Obstructing  substances. — No  person  shall  permit  any 
substance  to  flow  or  pass  into  any  sewer,  drain  or  receiving  basin, 
connecting  with  a  public  sewer,  which  may  form  a  deposit  tending 
to  choke  said  sewer,  drain  or  basin.  (C.  O.,  §  158,  amend.  May  6, 
1913.) 

§  21.  Volatile  inflammable  liquids. — No  connection  with  or  opening 
into,  or  gutter  leading  into  any  sewer  or  drain,  either  public  or  private, 
shall  be  used  for  the  conveyance  or  discharge,  directly  or  indirectly, 
into  said  sewer  or  drain,  of  any  volatile  inflammable  liquid,  gas  or 
vapor;  it  being  noted  that  a  volatile  inflammable  liquid  is  any  liquid 
that  will  emit  an  inflammable  vapor  at  a  temperature  below  160 
degrees  Fahrenheit.  (C.  O.,  §  561  as  amend,  ord.  app.  Aug.  8,  1916.) 

§22.  Steam  and  hot  water. — No  connection  with  or  opening  into 
any  sewer  or  drain  shall  be  used  for  the  conveyance  or  discharge 
into  said  sewer  or  drain  of  steam  or  hot  water,  above  100  degrees 
Fahrenheit,  from  any  boiler  or  engine,  or  from  any  manufactory  or 
building  in  which  steam  is  either  used  or  generated;  nor  shall  any 
person  discharge  or  permit  steam  to  escape  into  any  sewer  or  drain, 


SEWERS  AND   DRAINS  489 

or  into  any  public  street,  from  any  stopcock,  valve  or  other  opening 
in  any  steam  pipe  or  main.  The  borough  president  having  juris- 
diction of  said  sewer  or  drain  is  hereby  authorized  and  directed, 
upon  the  expiration  of  5  days  after  notice,  to  discontinue  the  dis- 
charge of  steam  or  hot  water  from  any  connection,  to  cancel  the 
permit  for  such  connection,  and  to  close  up  and  remove  the  same, 
if  the  discharge  of  steam  or  hot  water  therefrom  shall  not  have  been 
discontinued.  The  penalty  prescribed  by  §  24  of  this  article  shall 
be  imposed  upon  and  recovered  from  the  owner  and  occupants, 
severally  and  respectively,  of  any  manufactory  or  building,  or  any 
corporation  violating  any  provision  of  this  section.  (C.  O.,  §  168.) " 

§  23.  Injury  to  sewers,  basins  and  manholes. — No  person  shall  in- 
jure, break  or  remove  any  portion  of  any  receiving  basin,  covering, 
flag,  manhole,  vent,  or  any  part  of  any  sewer  or  drain,  or  obstruct  the 
mouth  of  any  sewer  or  drain,  nor  shall  any  person  place  or  deposit 
any  substance  exceeding  one  ton  in  weight  upon  any  wharf  or  bulk- 
head through  which  any  sewer  or  drain  may  run;  nor  upon  or  over 
any  sewer  or  drain  where  the  same  shall  be  within  3  feet  of  the  surface 
of  the  street.  (C.  O.,  §  160.) 

§  24.  Violations. — Any  person  who  shall  violate  any  provision  of 
this  chapter  shall  be  liable  for  a  penalty  of  $50,  and  may  also  be 
prosecuted  criminally.  Any  person  convicted  of  any  violation  of  the 
provisions  of  this  article  shall  be  punished  by  a  fine  of  not  more  than 
$50,  or  by  imprisonment  for  not  exceeding  30  days,  or  by  both  such 
fine  and  imprisonment.  (C.  O.,  §§  160,  562.) 


490  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

CHAPTER  22 
Street  Cleaning 

Article  1.  General  provisions. 

2.  Refuse  and  rubbish. 

3.  Snow  and  ice. 

ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  1.  Reimbursement  for  removal  of  rubbish  or  snow. 

Sec.  1.  Reimbursement  for  removal  of  rubbish  or  snow. — Whenever 
any  owner,  lessee,  tenant,  occupant,  or  other  person,  having  charge 
of  any  building  or  lot  of  ground  abutting  upon  any  street  or  public 
place,  where  the  sidewalk  is  paved,  shall  fail  to  comply  with  any  of 
the  provisions  of  this  chapter  for  the  removal  of  snow  or  ice,  dirt  or 
other  material  from  the  sidewalk  and  gutter  on  the  side  of  the  street 
on  which  said  building  or  lot  abuts,  the  commissioner  of  street  clean- 
ing, or  the  borough  president  of  Queens  or  Richmond,  as  the  case 
may  be,  may  cause  such  removal  to  be  made,  meeting  such  expense 
from  any  suitable  street  cleaning  or  highway  fund.  Thereafter,  the 
expense  of  such  removal  as  to  each  particular  lot  of  ground  shall  be 
ascertained  and  certified  by  the  commissioner  of  street  cleaning,  or 
the  president  of  the  borough  of  Queens  or  Richmond,  to  the  comp- 
troller, and  the  board  of  estimate  and  apportionment  may  authorize 
such  additional  expenditures  as  may  be  required,  for  the  removal 
of  the  snow  or  ice,  dirt  or  other  material,  to  be  repaid  to  the  fund  from 
which  the  payments  were  made,  or,  instead,  in  the  borough  of  Queens 
or  Richmond,  to  the  special  fund  for  restoring  and  repaving  in  said 
boroughs,  if  the  presidents  thereof  so  elect,  with  proceeds  from  the 
issue  and  sale  of  revenue  bonds,  which  shall  be  sold  by  the  comptroller 
as  provided  by  law. 

Adopted  March  26,  1918.    Approved  April  4,  1918. 

ARTICLE  2 

REFUSE  AND  RUBBISH 

Sec.  10.  Throwing  refuse  into  streets  and  vacant  lots. 

§  11,  Interference  with  deposits  of  rubbish  or  refuse. 

§  12.  Fruit  skins  on  sidewalks. 

§  13.  Droppings  from  vehicles. 

§  14.  Offensive  matter. 

§  15.  Handbills,  cards  and  circulars. 

§  16.  Sprinkling  streets. 

§  17.  Protection  of  sewers. 


STREET  CLEANING  491 

Sec.  10.  Throwing  refuse  into  streets  and  vacant  lot*.  1.  Prohibited. — 
No  person  or  persons  shall  throw,  cast  or  lay,  or  direct,  suffer  or  per- 
mit any  servant,  agent  or  employee  to  throw,  cast  or  lay  any  ashes, 
offal,  vegetables,  garbage,  dross,  cinders,  shells,  straw,  shavings, 
paper,  dirt,  filth,  broken  glassware,  crockery,  bottles  or  rubbish  of 
any  kind  whatsoever  in  or  upon  any  vacant  lot,  lots  or  plot,  except 
where  ashes  or  dirt  may  be  used  for  filling  in  purposes  under  a  permit 
secured  from  the  department  or  bureau  having  jurisdiction,  or  in 
any  street,  either  upon  the  roadway  or  sidewalk  thereof. 

Adopted  March  20,  1917.    Became  effective  April  3,  1917. 

2.  Sidewalk  sweepings.     In  the  boroughs  of  Manhattan,  Brooklyn 
and  The  Bronx,  dust  from  the  sidewalks  may  be  swept  into  the 
gutter  in  the  morning  before  8  o'clock,  or  before  the  sweeping  of  the 
roadway  by  the  department  of  street  cleaning,  if  there  piled;  but  not 
otherwise,  and  at  no  other  time.    (C.  O.,  §  404,  amend.  Apr.  29,  1913.) 

3.  Interference  with  street-cleaners.     No  person  shall  prevent  or 
interfere  with  any  employee  of  the  department  of  street  cleaning  in 
the  sweeping  or  cleaning  of  any  street,  or  in  the  removal  therefrom  of 
sweepings,  ashes,  garbage,  rubbish,  snow,  ice  or  other  refuse  material. 
(Manh.  Ord.,  §  3.) 

§11.  Interference  ivith  deposits  of  rubbish  or  refuse. — No  person, 
other  than  an  authorized  employee  or  agent  of  the  department  of 
street  cleaning,  or  the  bureau  of  street  cleaning  in  the  boroughs  of 
Queens  or  Richmond,  shall  disturb  or  remove  any  ashes,  garbage  or 
light  refuse  or  rubbish  placed  by  householders,  or  their  tenants, 
or  by  occupants  or  their  servants,  within  the  stoop  or  area  line,  or  in 
front  of  houses  or  lots,  for  removal,  unless  requested  by  residents  of 
such  houses.  (C.  O.,  §405.) 

§  12.  Fruit-skins  on  sidewalks.  1.  Prohibited. — No  person  shall 
cast,  throw  or  deposit  on  any  sidewalk  or  crossing  in  any  street  or 
public  place  any  part  or  portion  of  any  fruit  or  vegetable  or  other 
substance,  which,  when  stepped  upon  by  anyone,  is  liable  to  cause, 
or  does  cause,  him  or  her  to  slip  or  fall.  (C.  O.,  §  271.) 

2.  Copy  of  section  to  be  posted. — The  proprietor  of  every  store,  stand 
or  other  place  where  fruit  or  vegetable  or  other  substance  mentioned 
in  subdivision  1  of  this  section  are  sold,  shall  keep  constantly  sus- 
pended therein  or  posted  thereon,  in  some  conspicuous  place,  a  copy 
of  this  section  printed  in  large  type,  so  that  persons  purchasing  any 
such  fruit  or  vegetable  or  other  substance  may  become  aware  of  its 
provisions.  (C.  O.,  §272.) 

§  13.  Droppings  from  vehicles. — No  one  being  the  owner,  driver, 
manager  or  conductor  of  any  cart  or  other  vehicle,  or  of  any  recep- 
tacle, shall  scatter,  drop  or  spill,  or  permit  to  be  scattered,  dropped  or 
spilled,  any  dirt,  sand,  gravel,  clay,  loam,  stone  or  building  rubbish, 
or  hay,  straw,  oats,  sawdust,  shavings  or  other  light  materials  of  any 
sort,  or  manufacturing,  trade  or  household  waste,  refuse,  rubbish  of 
any  sort,  or  ashes  or  manure,  garbage  or  other  organic  refuse  or  other 
offensive  matter  therefrom,  or  permit  the  same  to  be  blown  off  there- 
from by  the  wind,  in  or  upon  any  street  or  public  place .  (C .  O . ,  §  407 . ) 

§  14.  Offensive  matter. — No  person  shall  allow  any  swill,  brine, 
urine  of  animals  or  other  offensive  animal  matter,  nor  any  stinking, 
noxious  liquid  or  other  filthy  matter  of  any  kind,  to  run  or  fall  in 


492  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

or  upon  any  street  or  public  place,  or  be  taken  or  put  therein.  (San- 
itary Code,  §  102.) 

§  15.  Handbills,  cards  and  circulars. — No  person  shall  throw,  cast 
or  distribute,  or  cause  to  be  thrown,  cast  or  distributed,  any  hand- 
bill, circular,  card  or  other  advertising  matter  whatsoever,  in  or 
upon  any  street  or  public  place,  or  in  a  front  yard  or  court  yard,  or 
on  any  stoop,  or  in  the  vestibule  or  any  hall  of  any  building,  or  in  a 
letterbox  therein;  provided  that  nothing  herein  contained  shall  be 
deemed  to  prohibit  or  otherwise  regulate  the  delivery  of  any  such 
matter  by  the  postal  service.  (C.  O.,  §  408,  amend.  July  7,  1914.) 

§  16.  Sprinkling  streets. — All  persons  engaged  in  sprinkling  the 
streets  shall  be  required  to  contract  with  the  commissioner  of  water 
supply,  gas  and  electricity  for  the  purchase  and  sale  of  the  water 
necessary  therefor,  and  to  obtain  the  approval  of  the  president  of 
the  borough  to  such  contract,  but  in  no  case  shall  more  water  be  con- 
tracted for  or  used  than  shall  be  sufficient  throughly  to  lay  the  dust 
on  such  streets.  Every  street  railroad  corporation  in  the  boroughs 
of  Richmond  and  Queens  shall  sprinkle  the  pavement  between  its 
tracks  and  rails  when  and  as  often  as  directed  by  the  superintendent 
of  highways.  Water  shall  be  furnished  for  this  purpose  free  of  charge 
by  the  city.  (C.  O.,  §  405.) 

§  17.  Protection  of  sewers. — Every  person,  when  cleaning  any 
street,  shall  clean,  and  every  contractor  shall  caused  to  be  cleaned, 
the  gutters  and  parts  of  the  street  along  which  the  water  will  run, 
before  using  any  water  to  wash  the  same;  and  no  substance  that 
could  have  been  scraped  away  shall  be  washed  or  allowed  to  be  car- 
ried or  be  put  into  the  sewer,  or  into  any  receptacle  therewith  con- 
nected. (San.  Code,  §  39,  C.  O.,  §  162.) 

ARTICLE  3 

SNOW  AND  ICE 

Sec.  20.  Removal  from  roadways  and  crosswalks. 
§  21.  Property  owners'  duties. 
§  22.  Street  railroad  companies;  responsibilities  of. 
§  23.  Salting  tracks. 
§  24.  Dumping. 

This  is  the  so-called  "snow  and  ice"  ordinance.  Section  690,  R.  O.  1897,  re- 
quired the  removal  to  be  within  eight  hours.  Section  317  of  ch.  8,  R.  O.  1880, 
only  allowed  four  hours.  The  ordinance  has  been  frequently  amended,  May  16, 
1882;  July  9,  1888,  and  March  18,  1902.  The  city  is  authorized  to  pass  such  a  law 
as  a  police  regulation,  section  43,  Greater  New  York  Charter,  and  when  within  the 
power  delegated  to  it  by  the  legislature  such  an  ordinance  has  equal  force  and  effect 
as  a  statute  of  the  legislature.  Village  of  Carthage  v.  Frederick,  122  N.  Y.  268. 
Although  a  sidewalk  be  not  flagged  in  its  entire  width,  an  owner  must  clean  off  the 
flagged  portions.  City  of  N.  Y.  v.  Brown,  27  Misc.  218.  City  not  liable  for  failure 
to  clear  sidewalk  immediately  of  ice,  may  wait  reasonable  time  for  abutting  owner 
to  do  so  and  weather  to  moderate.  Cuff  v.  City  of  Elmira,  126  App.  Div.  539. 
City's  liability  discussed.  Winckler  v.  City  of  N.  Y.,  129  App.  Div.  45. 

No  attempt  is  made  here  to  collate  cases  in  which  similar  ordinances  are  applied 
as  these  are  very  numerous  and  to  be  found  in  works  on  Negligence  and  Municipal 
Corporations. 

Sec.  20.  Removal  from  roadways  and  crosswalks. — The  commis- 
sioner of  street  cleaning  and  the  borough  presidents  of  Queens  and 
Richmond,  immediately  after  every  snowfall  or  the  formation  of  ice 


STREET  CLEANING  493 

on  the  crosswalks  or  in  culverts,  paved  streets  or  public  places,  shall 
forthwith  cause  the  removal  of  the  same,  and  shall  keep  all  crosswalks 
and  culverts  clean  and  free  from  obstruction.  (C.  O.,  §  415.) 

§  21.  Property  owners'  duties.  1.  Must  dear  sidewalks. — Every 
owner,  lessee,  tenant,  occupant,  or  other  person,  having  charge  of 
any  building  or  lot  of  ground  in  the  city,  abutting  upon  any  street 
or  public  place,  where  the  sidewalk  is  paved,  shall,  within  4  hours 
after  the  snow  ceases  to  fall,  or  after  the  deposit  of  any  dirt  or  other 
material  upon  said  sidewalk,  remove  the  snow  or  ice,  dirt  or  other 
material  from  the  sidewalk  and  gutter,  in  the  time  between  9  p.  m. 
and  7  a.m. not  being  included  in  the  above  period  of  4  hours;  pro- 
vided, however,  that  such  removal  shall  in  all  cases  be  made  before 
the  removal  of  snow  or  ice  from  the  roadway  by  the  commissioner  of 
street  cleaning,  or  by  the  borough  president  of  Queens  or  Richmond, 
or  subject  to  the  regulations  of  said  commissioner  of  street  cleaning 
or  of  said  borough  president  of  Queens  or  Richmond,  for  the  removal 
of  snow  or  ice,  dirt  or  other  material;  except  that  in  the  boroughs  of 
Queens  and  Richmond  any  owner,  lessee,  tenant  or  occupant  or  other 
persons  who  has  charge  of  any  ground  abutting  upon  any  paved 
street  or  public  place,  for  a  linear  distance  of  500  feet  or  more,  shall 
be  considered  to  have  complied  with  this  section,  if  such  person  shall 
have  begun  to  remove  the  snow  or  ice  from  the  sidewalk  and  gutter 
before  the  expiration  of  the  said  4  hours,  and  shall  continue  and 
complete  such  removal  within  a  reasonable  time. 

Whenever  any  owner,  lessee,  tenant,  occupant  or  other  person 
having  charge  of  any  building  or  lot  of  ground,  abutting  upon  any 
street  or  public  place  where  the  sidewalk  is  paved,  shall  fail  to  comply 
with  the  provisions  of  any  ordinance  of  the  city  for  the  removal  of 
snow  or  ice,  dirt,  or  other  material  from  the  sidewalk  and  gutter  in 
the  street,  on  the  side  of  the  street  on  which  such  building  or  vacant 
lot  abuts,  the  commissioner  of  street  cleaning  or  borough  president 
of  Queens  and  Richmond,  as  the  case  may  be,  may  cause  such  re- 
moval to  be  made,  meeting  the  expense  thereof  from  any  suitable 
street  cleaning  or  highway  fund,  and  thereafter  the  expense  of  such 
removal,  as  to  each  particular  lot  of  ground,  shall  be  ascertained 
and  certified  by  the  said  commissioner  of  street  cleaning  or  the  bor- 
ough president  of  Queens  and  Richmond  to  the  comptroller,  and  the 
board  of  estimate  and  apportionment  may  authorize  such  additional 
expenditures  as  may  be  required,  for  the  said  removal  of  such  snow 
of  ice,  dirt,  or  other  material,  to  be  repaid  to  the  fund  from  which  the 
payments  were  made,  with  proceeds  from  the  issue  and  sale  of  revenue 
bonds,  which  shall  be  sold  by  the  comptroller  as  provided  by  law. 

The  said  commissioner  of  street  cleaning  or  the  borough  president 
of  Queens  or  Richmond,  as  the  case  may  be,  shall  as  soon  as  possible 
after  such  work  is  done,  certify  to  the  corporation  counsel  the  amount 
of  the  expense  chargeable  against  each  piece  of  property.  The  cor- 
poration counsel  is  hereby  directed  and  authorized  to  sue  for  and 
recover  the  amount  of  this  expense,  and,  when  so  recovered,  the 
amount  shall  be  turned  over  to  the  city  chamberlain,  to  be  deposited 
to  the  credit  of  the  general  fund  of  the  City  of  New  York  for  the 
reduction  of  taxation. 

Any  person  violating  any  provision  or  regulation  hereof  shall, 
upon  conviction  thereof  by  any  city  magistrate,  be  fined  for  such 


494  CODE  OF  ORDINANCES  OF  THE   CITY  OF  NEW   YORK 

offense  not  less  than  One  Dollar  ($1)  and  not  more  than  Three  Dol- 
lars ($3)  and  in  default  of  payment  thereof  may  be  imprisoned  for 
a  period  of  one  day. 

Adopted  November  26,  1918.    Approved  April  4,  1918. 

2.  May  use  ashes,  etc.  In  case  the  snow  and  ice  on  the  sidewalk 
shall  be  frozen  so  hard  that  it  cannot  be  removed,  without  injury  to 
the  pavement,  the  owner,  lessee,  tenant,  occupant  or  other  person 
having  charge  of  any  building  or  lot  of  ground  as  aforesaid,  may, 
within  the  time  specified  in  the  preceding  subdivision,  cause  the  side- 
walk abutting  on  the  said  premises  to  be  strewn  with  ashes,  sand, 
sawdust,  or  some  similar  suitable  material,  and  shall,  as  soon  there- 
after as  the  weather  shall  permit,  throoughly  clean  said  sidewalks. 
(C.  O,  §410.) 

§  22.  Street  railroad  companies;  responsibilities  of.  1.  Co-operation 
in  snow-removal. — Every  street  railroad  corporation  shall  remove  all 
the  snow  and  ice  from  its  tracks  and  the  spaces  between,  and  shall 
not  throw  the  same  on  either  side  thereof,  but  shall  immediately 
carry  away  and  dispose  of  the  same  under  the  direction  of  the  com- 
missioner of  street  cleaning,  or  the  borough  president  of  Queens  or 
Richmond,  under  a  penalty  of  $100  for  every  city  block  in  length  in 
which  the  said  corporation  shall  fail  to  so  remove  and  dispose  of  such 
snow  and  ice,  as  aforesaid;  provided,  however,  that,  for  the  more 
speedy  and  effective  removal  of  snow  and  ice  from  the  paved  streets 
and  public  places  of  the  city,  the  commissioner  of  street  cleaning  and 
the  borough  presidents  of  Queens  and  Richmond  shall  have  power 
and  authority,  in  their  respective  jurisdictions,  to  enter  into  agree- 
ments for  the  entire  winter  season,  or  part  thereof,  with  any  street 
surface  railroad  or  other  railroad  having  tracks  in  the  city,  for  the 
removal  of  snow  and  ice  for  the  entire  width  of  the  street  or  public 
place,  from  house-line  to  house-line,  at  any  part  of  the  route  of  the 
said  railroad,  but  nothing  in  any  such  agreement  shall  be  inconsist- 
ent with  any  law  of  the  State  of  New  York  or  with  any  right  of  the 
city.  (C.  O.;  §  416.) 

2.  Use  of  snow  plows  and  rotary  sweepers.  No  surface  railroad 
company  or  other  company,  or  any  corporation  or  person  whatever, 
or  the  officers,  agents  or  servants  thereof,  shall  cause  or  allow  any 
snow  plow,  sweeping  machine  or  other  similar  instrument  to  pass 
over  the  tracks  or  lines  used  by  them  within  the  limits  of  tlfe  city, 
unless  by  the  written  permit  of  the  commissioner  of  street  cleaning 
or  the  borough  president  of  Queens  or  Richmond;  any  violation  of 
this  provision  shall  be  punished  by  a  penalty  not  exceeding  $100  for 
each  such  offense.  No  such  permit  or  renewal  thereof  shall  be  granted 
except  upon  the  condition  and  agreement,  upon  the  part  of  the 
company  applying  for  such  permit  or  renewal,  that  the  party  to 
whom  the  same  has  been  granted  shall  and  will,  at  its  own  expense, 
promptly  remove  and  carry  away  the  snow  thrown  up  by  such 
plow  or  machine,  and  that  such  snow  plow,  sweeping  machine  or 
other  instrument  shall  be  so  constructed  as  not  to  throw  any  slush 
or  snow  upon  sidewalks  or  buildings,  under  a  penalty  of  $10  for  every 
house,  or  sidewalk  in  front  thereof,  upon  which  slush  or  snow  shall 
be  thrown.  No  such  permit  or  renewal  shall  be  granted  unless 
the  party  to  whom  granted  shall  expressly  covenant,  stipulate  and 
agree  that,  in  case  of  its  failure,  neglect  or  omission  to  remove 


STREET  CLEANING  495 

promptly  and  carry  away  the  snow  and  ice  thrown  up  by  such  snow 
plow  or  other  instrument,  then  the  same  may  be  removed  under 
the  direction  of  the  commissioner  of  street  cleaning  or  the  borough 
president  of  Queens  or  Richmond,  and  the  expense  of  removing 
the  same  shall  be  paid  by  the  party  to  the  commissioner  or  the 
borough  president,  on  demand.  The  board  of  estimate  may  au- 
thorize that  the  amount  or  amounts  of  money  so  paid  shall  be 
credited  to  the  appropriation,  in  the  respective  boroughs,  for  the 
removal  of  snow  and  ice;  but  nothing  herein  contained  shall  be 
deemed  to  prohibit  the  commissioner  or  a  borough  president  from 
demanding,  before  issuing  said  permit  and  as  a  condition  thereof, 
the  deposit  of  such  sum  of  money  or  other  security  as  in  his  judgment 
may  be  necessary  to  pay  the  cost  of  properly  performing  the  work 
above  mentioned,  together  with  the  expense  of  the  inspection  thereof. 
In  case  of -neglect  or  refusal  or  omission  of  the  party  to  whom  such 
permit  may  be  granted  promptly  to  remove  and  to  carry  away  the 
snow  and  ice  thrown  up  by  such  plow  or  other  instrument,  then  the 
commissioner  of  street  cleaning,  or  the  borough  president  of  Queens 
or  Richmond  may  forthwith  cause  the  same  to  be  removed  at  the 
public  expense,  and  all  expenditures  made  or  incurred  therefor  shall 
be  chargeable  upon  the  party  so  neglecting,  refusing  or  omitting 
to  perform  his  agreement,  and  shall  be  recoverable  by  an  action  at 
law  on  behalf  of  the  city,  and  when  so  recovered  shall  be  placed  to 
the  credit  of  the  department  of  street  cleaning  or  the  bureau  of  street 
cleaning  in  the  boroughs  of  Queens  or  Richmond,  as  the  case  may  be, 
to  supply  the  deficiency  occasioned  by  such  additional  expenditure. 
(C.  O.,  §  417,  as  amend.  Aug.  8,  1916.) 

3.  Obstructing  tracks.  No  person  shall  throw,  place  or  pile,  or 
assist  others  in  throwing,  placing  or  piling  any  snow,  ice  or  other 
impediment  or  obstruction  to  the  running  of  cars  upon  the  tracks 
of  any  railroad  company,  or  in  the  space  between  the  rails  thereof, 
or  in  the  space  between  the  tracks  and  a  line  distant  3  feet  outside  of 
such  rails.  (C.  O.,  §412.) 

§  23.  Salting  tracks. — No  person  shall  throw,  expose  or  place,  or 
cause  or  procure  to  be  thrown,  exposed  or  placed  in  or  upon  any 
street  or  public  place,  except  upon  the  curves,  crossings  or  switches 
of  railroad  tracks,  any  salt,  saltpetre  or  other  substance  for  the 
purpose  of  dissolving  any  snow  or  ice  which  may  have  fallen  or  been 
deposited  thereon;  nor  shall  any  person  throw  or  place  upon  the 
curves,  crossings  or  switches  of  railroad  tracks  any  salt,  saltpetre 
or  other  substance  for  the  purpose  of  dissolving  snow  or  ice,  unless 
permission  therefor  be  first  obtained  from  the  Borough  President 
having  jurisdiction.  Nothing  herein  contained  shall  be  construed 
to  prohibit  or  interfere  with  any  properly  conducted  tests  or  ex- 
periments by  the  Department  of  Street  Cleaning,  between  January 
1st,  1917,  and  April  1st,  1917. 

Adopted  February  13,  1917.    Approved  February  21,  1917. 

§  24.  Dumping. — All  contractors  and  other  persons,  no  matter 
how  termed,  are  hereby  forbidden,  restrained  and  are  never  to  be 
permitted  to  dump,  throw,  empty,  convey  or  cause  to  be  conveyed, 
for  the  purpose  of  dumping,  any  snow,  ice  or  water  in  a  vacant  lot 
or  tract  of  land,  if  such  lot  or  tract  of  land  shall  be  within  a  radius  of 
300  feet  of  a  dwelling,  factory,  school,  public  building  or  any  place 
of  business.  (C.  O.,  §411.) 


496  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

CHAPTER  23 

Streets 

Article    1.  General  provisions. 

2.  Advertisements,  placards  and  posters. 

3.  Assemblies. 

4.  Auctions  and  other  sales. 

5.  Awnings. 

6.  Boundaries  and  monuments. 

7.  Construction  and  repair. 

8.  Disturbance  of  surface. 

9.  Excavation. 

10.  House  numbering. 

11.  Lights. 

12.  Noises. 

13.  Obstructions  and  encumbrances. 

14.  Projections  and  encroachments. 

15.  Sidewalks. 

16.  Signs  and  show-bills. 

17.  Vaults  and  cisterns. 

18.  Miscellaneous. 

19.  Laying  and  installation  of  pipes,  mains  or  conduits. 

ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  1.  Temporary  closing  of  streets. 
§  2.  Unsafe  conditions;  notice. 
§  3.  Barriers,  guards  and  lights. 
§  4.  Liability  for  damage. 
§  5.  Violations. 

Sec.  1.  Temporary  closing  of  street. — Each  borough  president  is 
empowered  to  close  temporarily  to  traffic  any  street,  or  a  portion 
thereof,  within  his  jurisdiction  when,  in  his  judgment,  travel  in  the 
same  is  deemed  to  be  dangerous  to  life,  in  consequence  of  there 
being  carried  on  in  said  street,  building  operations,  repairs  to  street 
pavements,  sewer  connections,  or  blasting  for  the  purpose  of  re- 
moving rock  from  abutting  property.  (C.  O.,  §  100.) 

§  2.  Unsafe  conditions;  notice. — Whenever  any  person  shall  have 
authority,  under  any  contract  with  the  city  or  any  officer  thereof, 
or  under  any  permit,  to  remove  the  pavement  from  or  to  excavate, 
occupy  or  use  any  part  of  a  public  street,  so  as  to  obstruct  travel 
therein,  he  shall  erect,  or  cause  to  be  erected,  suitable  notices  of 
the  obstruction  in  conspicuous  positions,  at  all  points  of  intersection 
of  such  street  with  the  cross-streets  nearest  to  the  obstruction,  which 
notice  shall  be  in  the  form  prescribed  by  the  borough  president  hav 
ing  jurisdiction.  (C.  O.,  §  142.) 


STREETS  497 

§  3.  Barriers,  guards  and  lights.  1.  Barriers  and  guards. — Every 
person  engaged  in  digging  down  or  paving  any  street,  or  building 
therein  any  sewer,  drain  or  trench  for  any  purpose,  under  contract 
with  the  city  or  by  virtue  of  any  permit  that  may  have  been  granted 
by  any  department,  board  or  officer  of  the  city,  shall  erect  such  a  fence 
or  railing  about  the  excavation  or  work  as  shall  prevent  danger  to 
persons  traveling  the  street,  while  the  work  is  left  exposed  and  would 
be  dangerous,  and  any  such  railing  or  fence  shall  be  continued  and 
maintained  until  the  work  shall  be  completed  or  the  obstruction  or 
danger  removed.  (C.  O.,  §§  142,  209.) 

2.  Extent  of  enclosure.  The  extent  to  which  such  railing  or  fence 
shall  be  built  in  the  several  cases  is  hereby  defined  as  follows,  to  wit: 

(a)  In  digging  down  any  street  or  road,  by  placing  the  barrier  along 
the  upper  bank  of  such  excavation,  or  by  extending  the  fence  as 
far  across  the  street  as  may  be  necessary  to  prevent  persons  from 
traveling  on  such  portion  as  would  be  dangerous; 

(b)  In  paving  any  street,  by  extending  such  railing  or  fence  across 
the  carriageway  of  such  street,  or,  if  but  a  portion  of  the  width  of 
such  carriageway  be  obstructed,  across  such  portion,  in  which  case 
the  obstruction  shall  be  so  arranged  as  to  leave  a  passageway  through, 
as  nearly  as  may  be,  of  uniform  width; 

(c)  In  building  a  sewer,  by  placing  the  barrier  across  the  carriage- 
way at  the  ends  of  such  excavation  as  shall  be  made; 

(d)  In  building  vaults,  by  inclosing  the  excavation  and  the  ground 
taken  therefrom.     (C.  O.,  §  211.) 

3.  Lights.  At  twilight,  there  shall  be  placed  upon  each  such  rail- 
ing or  fence,  and  upon  building  materials,  posts,  poles,  pipes  or  other 
obstructions  in  any  street  or  public  place,  suitable  and  sufficient 
lights,  which  shall  be  kept  burning  through  the  night  during  the 
existence  of  the  obstruction.     (C.  O.,  §  209.) 

4.  Disturbance,  prohibited.  No  person  shall  throw  down,  displace 
or  remove  any  barrier,  guard  or  railing,  or  extinguish  or  remove 
any  light  thereon  or  on  any  obstruction  in  any  street,  without  the 
written  consent  of  the  borough  president  having  jurisdiction  of 
the  street  hi  which  any  obstruction  is  placed,  or  without  the  con- 
sent of  the  person  superintending  the  work  or  materials  protected 
thereby.     (C.  O.,  §  140.) 

5.  Restriction.     Nothing  contained  in  this  section  shall  be  con- 
strued to  authorize  any  person  to  stop  up  or  obstruct  more  than 
the  space  of  one  continuous  block  and  one  intersection,  at  the  same 
time,  in  any  one  street,  or  to  keep  the  same  so  stopped  up  for  more 
than  2  days  after  the  roadway  is  finished,  unless  by  special  permit 
of  the  borough  president.     (C.  O.,  §  141.) 

6.  Application  of  section.  The  provisions  of  this  section  shall 
apply  to  every  person  engaged  in  building  any  vault,  or  constructing 
any  lateral  drain  to  any  public  sewer,  or  who  shall  do  or  perform 
any  work  causing  obstructions  in  a  public  street,  by  virtue  of  any 
permit  from  any  department,  board  or  officer  of  the  city,  and  also 
to  all  persons  engaged  in  performing  any  work  in  behalf  of  the  city, 
whereby  obstructions  or  excavations  shall  be  made  in  public  streets. 
(C.  O.,  §  210.) 

7.  Enforcement  of  section.  The  borough  president  having  juris- 
diction of  any  work  referred  to  in  this  section  shall  see  to  it  that 


498  CODE  OF  ORDINANCES   OF  THE   CITY  OF  NEW   YORK 

all  the  foregoing  requirements  are  complied  with,  and  he  shall  make 
immediate  complaint  to  the  corporation  counsel  of  any  violation 
thereof,  under  the  penalty  of  $50  for  each  and  every  neglect.  (C.  O., 
§§  213,  214.) 

§  4.  Liability  for  damage. — In  all  cases  where  any  person  shall 
perform  any  of  the  work  mentioned  in  the  preceding  section,  either 
under  contract  with  the  city  or  by  virtue  of  permission  obtained 
from  any  department,  board  or  officer  of  the  city,  such  persons 
shall  be  answerable  for  any  damage  which  may  be  occasioned  to 
persons,  animals  or  property  by  reason  of  carelessness  in  any  manner 
connected  with  the  work. 

§  5.  Violations. — Any  person  violating  any  provision  of  this 
article  shall,  upon  conviction  therefor,  be  punished  by  a  fine  of  not 
more  than  $100,  or  by  imprisonment  for  not  more  than  30  days,  or 
by  both  such  fine  and  imprisonment.  (C.  O.,  §  209,  in  part.) 


ARTICLE  2 

ADVERTISEMENTS,  PLACARDS  AND  POSTERS 

Sec.  10.  Posting. 

§  11.  Protection  of  city  advertisements. 
§  12.  (Repealed  Aug.  8,  1915.) 

Sec.  10.  Posting. — No  person  shall  paste,  post,  paint,  print,  or 
nail  upon  any  curb,  gutter,  flagstone,  tree,  lamppost,  awning  post, 
horse  post,  telegraph  pole,  barrel,  box  or  hydrant,  in  any  street  or 
public  place,  any  handbill,  poster,  notice,  sign  or  advertisement. 
(C.  O.,  §  548.) 

§11.  Protection  of  city  advertisements. — No  person  shall  tear  down, 
deface  or  destroy  any  notice,  handbill  or  poster,  put  up  or  posted 
by  or  under  the  direction  of  the  board  of  aldermen,  or  by  or  under 
the  direction  of  any  other  city  department,  bureau,  board  or  officer. 
(Arverne  Ords.,  §  18.) 

§  12.  Theatrical  billboards,  Brooklyn.— (Repealed  Aug.  8,  1916.) 


ARTICLE  3 

ASSEMBLIES 

Sec.  20.  Public  worship. 

§  21.  Interference  with  street  services. 

§  22.  Street  shows. 

§  23.  Loafers  and  loungers. 

§  24.  Public  assemblies;  display  of  flags. 

Sec.  20.  Public  worship. — No  person  shall  be  concerned  or  in- 
strumental in  collecting  or  promoting  any  assemblage  of  persons 
for  public  worship  or  exhortation,  or  under  any  pretense  therefor, 
in  any  park,  street,  or  other  public  place;  provided,  that  a  clergy- 
man or  minister  of  any  denomination,  or  any  person  responsible 


STREETS  499 

to  or  regularly  associated  with  any  church  or  incorporated  mission- 
ary society,  or  any  lay-preacher,  or  lay-reader  may  conduct  religious 
services  in  any  public  place  or  places  specified  in  a  permit  therefor 
which  may  be  granted  and  issued  by  the  police  commissioner.  This 
section  shall  not  be  construed  to  prevent  any  congregation  of  the 
Baptist  denomination  from  assembling  in  a  proper  place  for  the 
purpose  of  performing  the  rites  of  baptism,  according  to  the  cere- 
monies of  that  church.  (C.  O.,  §§  494,  497,  498.) 

Salvation  Army  meeting  not  a  nuisance.  People  v.  City  of  Rochester,  44  Hun, 
166. 

§21.  Interference  with  street  services. — No  person  shall  disturb, 
n  olcst  or  interrupt  any  clergyman,  minister,  missionary,  lay- 
preacher  or  lay-reader  who  shall  be  conducting  religious  services  by 
authority  of  a  permit,  issued  as  prescribed  by  this  article,  or  any 
minister  or  people  who  shall  be  performing  the  rite  of  baptism  as  per- 
mitted by  the  preceding  section,  nor  shall  any  person  commit  any 
riot  or  disorder  in  any  such  assembly.  (C.  O.,  §  499.) 

§  22.  Street  shows. — No  person  shall,  from  any  window  or  open 
space  of  any  house,  exhibit  to  the  public  upon  the  street,  or  the  side- 
walk thereof,  any  performance  of  puppet  or  other  figures,  ballet  or 
other  dancing,  comedy,  farce,  show  with  moving  figures,  play  or  other 
entertainment.  (C.  O.,  §  40,  revised.) 

§  23.  Loafers  and  loungers. — No  person  shall  encumber  or  obstruct 
any  street  or  other  public  place  by  loafing  or  lounging  in  or  about 
the  same,  to  the  annoyance  of  passers-by.  (Brookl.  Ords.,  §23.) 

§  24.  Public  assemblies;  display  of  flags. — All  assemblies,  war- 
ranted by  law,  held  in  any  of  the  streets  of  the  City,  where  public 
discussions  are  held,  shall  have  the  American  flag  conspicuously  dis- 
played at  all  times  during  the  holding  of  such  assemblies.  No  red 
or  black  flag,  and  no  banner,  ensign  or  sign  having  upon  it  any 
inscription  opposed  to  organized  government,  or  which  is  sacri- 
legious, or  which  may  be  derogatory  to  public  morals,  shall  be  dis- 
played at  any  such  assembly,  or  in  any  public  place,  or  carried 
through  the  streets  of  the  city  in  any  procession  or  parade.  Any 
person  who  shall  violate  any  provision  of  this  section  shall,  upon 
conviction  thereof,  be  punished  by  a  fine  of  not  more  than  one 
hundred  dollars  ($100),  or  by  imprisonment  for  not  exceeding  ten 
days,  or  by  both  such  fine  and  imprisonment. 

Adopted  November  26,  1918.    Approved  December  6,  1918. 


ARTICLE  4 

AUCTIONS   AND    OTHER   SALES 

Sec.  30.  Auctions. 

§  31.  Vending  and  selling  of  salted  meat,  fish,  etc. 

Sec.  30.  Auctions.  1.  Restrictions. — No  auctioneer,  nor  his  agent, 
employee  or  servant  shall 

(a)  Sell  or  expose  for  sale,  at  public  auction  or  vendue,  any  dry- 
goods,  clothing,  hardware,  household  furniture,  woodenware  or 
tinware,  by  retail  or  in  small  parcels  or  pieces,  in  any  street  or  pub- 


>y  rets 

d  o., 


lie  place  (C.  O.,  §538); 


500  CODE  OF  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 

(b)  Sell  or  expose  for  sale  at  public  auction  any  goods,  wares, 
merchandise  or  other  things  whatsoever  to  any  person  or  persons 
who,  at  the  time  of  bidding  for  or  while  examining  the  same,  shall 
be  on  the  sidewalk  or  carriageway  of  any  street; 

(c)  Sell  at  auction  or  expose  for  sale  or  lay  or  place  any  goods, 
wares,  merchandise  or  other  thing  in  any  street  or  public  place, 
unless  such  person  shall  first  obtain  the  consent  or  permission,  in 
writing,  of  the  occupant  of  the  lot  or  building  before  which  such 
articles  or  any  part  thereof  shall  be  placed  or  exposed  for  sale.    (C. 
O.,  §  534.) 

2.  Attracting  purchasers.     No  bellman  or  crier,  nor  any  drum, 
fife,  or  other  instrument  of  music,  or  any  show-signal  or  means  of 
attracting  the  attention  of  purchasers,  other  than  a  sign  or  flag, 
shall  be  employed,  or  suffered  or  permitted  to  be  used  at  or  near  any 
place  of  sale,  auction  room,  residence  of  an  auctioneer,  nor  at  or 
near  any  auction  whatsoever.    (C.  O.,  §  537.) 

3.  Removal  of  goods.     Every  article  exposed  for  sale  at  public 
auction,  or  sold  in  any  street  or  public  place,  shall  be  removed  from 
the  same  by  the  setting  of  the  sun  of  the  day  of  selling  or  exposing  for 
sale.    (C.  O.,  §  536.) 

Valid.     City  of  Buffalo  v.  Marion,  13  Misc.  639. 

§31.  Vending  and  selling  salted  meat  and  fish,  etc. — No  person 
shall  sell,  expose  for  sale,  lay  or  place  in  any  street  or  public  place, 
at  any  time  between  June  1st  and  November  1st  in  any  year,  any 
salted  beef  or  pork,  dried  or  pickled  fish,  blubber,  hides,  cotton  or 
wool.  (C.  O.,  §535.) 


ARTICLE  5 

AWNINGS 

Sec.  40.  Permanent  awnings. 

§  41.  Construction  of  permanent  awnings. 

§  42.  Drop  awnings. 

§  43.  Temporary  awnings. 

§  44.  Violations. 

Sec.  40.  Permanent  awnings.    (Repealed  by  ord.  effective  Dec.  28, 
1915.) 

Awnings  in  the  city  streets  have  been  the  subject  of  several  adjudications.  By 
section  50  of  the  Greater  New  York  Charter  (L.  1901,  chap.  466)  the  Board  of 
Aldermen  is  given  power  to  "regulate  the  use  of  the  streets  for  .  .  .  awnings, 
awning-posts,"  etc.  While  the  Charter  says  there  shall  be  no  "permanent  obstruc 
tions"  in  the  streets,  this  has  been  held  not  to  apply  to  awnings  where  authorized 
expressly,  and  the  public  authorities  will  be  restrained  from  tearing  down  an  awn- 
ing built  in  conformity  with  the  ordinances.  Hoey  «.  Gilroy,  129  N.  Y.  132.  Even 
though  an  awning  may  have  stood  longer  than  twenty  years,  if  not  erected  in  ac- 
cordance with  the  law,  the  municipal  authorities  may  remove  it.  Simis  y.  Brook 
field,  13  Misc.  569.  For  such  an  one  is  a  nuisance  which  the  public  authorities  have 
no  power  to  permit.  Farrell  v.  New  York,  20  St.  Rep.  12,  aff 'd  22  St.  Rep.  409. 
The  public  sidewalks  are  held  in  trust  for  the  use  of  the  public  and  awnings  tor 
private  parties  cannot  be  permitted  thereon  where  they  unreasonably  create  a 
nuisance  (1873).  Trenor  v.  Jackson,  15  Abb.  Pr.  N.  S.  115.  An  awning,  although 
erected  under  a  permit  from  the  municipal  authorities,  must  not  interfere  with  the 
adjacent  owner  in  his  reasonable  enjoyment  of  his  property.  Lavery  v.  Hanigan, 
52  Super.  Ct.  (20  J.  &  S.)  463.  See  cases  cited  under  §  140. 


STREETS  501 

§  41.  Construction  of  permanent  awnings.  (Repealed  by  ord.  ef- 
fective Dec.  28,  1915.) 

§  42.  Drop  awnings. — Drop  awnings,  without  vertical  supports, 
are  permitted  within  stoop-lines,  but  shall  in  no  case  extend  beyond 
6  feet  from  the  house-line,  and  shall  be  at  least  6  feet  in  the  clear 
above  the  sidewalk.  (C.  O.,  §  263,  in  part.) 

§  43.  Temporary  awnings. — Awnings  without  side  coverings 
may  be  from  time  to  time  erected  and  maintained  across  the  side- 
walk of  any  street  for  temporary  use  as  a  protection  during  inclement 
weather  only;  provided,  however,  that  such  awning  shall  be  made 
of  canvas  or  cloth  and  shall  be  supported  by  upright  posts  of  iron 
not  exceeding  2  inches  in  diameter  and  n'ot  less  than  8  nor  more  than 
10  feet  in  height  above  the  sidewalk  and  shall  not  be  wider  than  the 
entrance  of  the  building  in  connection  with  which  it  is  to  be  used. 
Awnings  with  side  coverings  may  be  erected  for  a  limited  time  upon 
issuance  of  a  special  permit  from  the  borough  president  having 
jurisdiction.  (Amend.  May  11,  1915.) 

§  44.  Violations. — No  person  shall  violate  any  provision  of  this 
article,  or  refuse  or  neglect  to  comply  with  any  order  of  a  borough 
president  made  thereunder,  under  the  penalty  of  $10  for  each  offense. 
No  such  violation  shall  be  continued  after  notice  to  the  perpetrator 
thereof  under  penalty  of  $10  for  each  day  the  same  shall  be  con- 
tinued. (C.  O.,  §  379,  revised.) 


ARTICLE  6 

BOUNDARIES  AND   MONUMENTS 

Sec.  50.  Excavations  or  embankments  near  landmarks. 
§  51.  Removal  or  covering  up  of  landmarks. 
§  52.  Violations. 

Sec.  50.  Excavations  or  embankments  near  landmarks. — No  excava- 
tion or  embankment  shall  be  made,  nor  shall  any  pavement  or 
flagging  be  laid  or  moved  by  any  person,  within  3  feet  of  any  mon- 
ument or  bolt,  which  has  been  set,  by  proper  authority  or  designated 
on  any  official  map,  as  a  landmark  to  denote  street  lines  within  the 
city,  unless  a  permit  therefor  has  been  obtained  from  the  president 
of  the  borough  in  which  the  monument  or  bolt  is  situated.  Applica- 
tions for  such  permits  shall  be  in  writing,  and  shall  set  forth  the 
nature  of  the  work  proposed,  and  the  location  of  all  monuments  or 
other  landmarks  affected  thereby.  Thereupon,  the  borough  president 
shall  cause  one  of  the  city  surveyors  or  an  engineer  in  his  department 
to  take  such  measurements  and  field  notes  as  may  be  necessary  to 
restore  such  monuments  or  bolts  to  their  correct  position,  after  the 
completion  of  the  contemplated  work,  and,  when  such  measurements 
and  field  notes  have  been  taken,  but  not  before,  the  required  permit 
shall  be  issued.  (C.  O.,  §§  109,  110,  amend.  Feb.  9,  1915.) 

Each  borough  president  shall  cause  a  covenant  to  be  incorporated 
in  all  contracts  hereafter  made  by  him  for  constructing,  regulating  or 
repairing  any  street,  requiring  the  contractor  to  obtain  the  permit 
above  required  and  to  take  such  other  precautions  for  the  care  and 


502  CODE   OF   ORDINANCES  OP  THE   CITY   OP   NEW    YORK 

preservation  of  monuments,  bolts  and  other  landmarks  as  the  bor- 
ough president  may  direct.  (C.  O.,  §  108.) 

§51.  Removal  or  covering  up  of  landmarks, — No  person  or  persons 
shall  remove  or  cover  up  a  monument  or  bolt  for  designating  any 
street,  without  giving  3  days'  notice  in  writing  of  his  intention  so  to 
do  to  the  president  of  the  borough  in  which  the  monument  or  bolt  is 
situated.  Upon  receiving  such  a  notice,  the  borough  president  shall 
cause  one  of  the  city  surveyors,  or  an  engineer  in  his  department,  to 
take  the  necessary  measures  to  raise  or  lower  such  monument  or  bolt 
to  the  proper  grade  of  the  street  and,  when  necessary,  to  cause  such 
alteration  to  be  noted  on  records  to  be  kept  in  his  office  for  that 
purpose.  Whenever  a  borough  president  shall  ascertain  that  anv 
monument  or  bolt  has  been  removed,  without  such  notice,  he  shall 
forthwith  cause  the  same  to  be  placed  in  its  proper  position,  and 
shall  note  the  same  on  the  records  in  the  manner  before  stated.  The 
expenses  attending  such  replacement  shall  be  paid  by  the  comptroller, 
on  the  certificate  of  the  borough  president  causing  the  work  to  be 
done.  (C.  O.,  §§  106, 107,  111,  112,  as  amend.  Feb.  9, 1915.) 

§  52.  Violations. — Any  person  who  shall  make  any  excavation  or 
embankment,  or  lay  or  take  up  any  pavement  or  flagging  within  3 
feet  of  any  monument,  bolt  or  other  landmark,  without  having  first 
obtained  a  permit  to  perform  such  work,  or  who  shall  in  any  way 
remove  or  deface  any  monument,  bolt  or  other  landmark,  shall 
be  punished  for  each  offense  by  a  fine  of  $50,  or  by  imprisonment  for 
not  exceeding  30  days,  or  by  both  such  fine  and  imprisonment. 
(C.  O.,  §.113,  revised.) 


ARTICLE  7 

CONSTRUCTION  AND  REPAIR 

Sec.  60.  Paving,  generally. 

§  61.  Paving  by  abutting  owners. 

§  62.  Curbing. 

§  63.  Gutter-stones. 

§  64.  Width  of  streets  in  Brooklyn. 

§  65.  Removal  of  debris. 

Sec.  60.  Paving,  generally. — All  streets  of  22  feet  in  width  and 
upward,  and,  when  required  to  be  paved  by  competent  authority,  all 
other  streets  or  alleys  of  less  width  shall  be  paved  and  arched  in  full 
accordance  with  standard  specifications  for  such  work,  \yhich  shall  be 
prescribed  by  the  borough  president  having  jurisdiction  and  kept 
on  file  in  his  office.  (C.  O.,  §§  132,  135,  as  amend.  Feb.  9,  1915.) 

§61.  Paving  by  abutting  owners. — Any  citizen  or  number  of 
citizens  shall  be  allowed  to  pave  the  street  opposite  to  his  or  their 
property,  where  the  same  shall  extend  from  the  intersection  of  one 
cross  street  to  the  intersection  of  another;  provided  the  same  be  done 
in  conformity  to  the  regulations  of  the  president  of  the  borough  in 
which  such  street  is  located  and  subject  to  such  conditions  as  he  may 
impose.  (C.  O.,  §  134.) 

§  62.  Curbing. — All  curbing  for  the  support  of  sidewalks  hereafter 


STREETS  503 

to  be  laid  shall  be  of  the  material  or  materials,  dimensions  and  con- 
struction required  in  standard  specifications  for  such  work,  which 
shall  be  prescribed  by  the  borough  president  having  jurisdiction,  and 
kept  on  file  in  his  office.  (New.) 

§63.  Gutter-stones.  1.  Laying. — All  gutter-stones  hereafter  laid 
shall  be  of  the  best  hard  blue  stone  or  granite,  at  least  30  inches  in 
length,  14  inches  in  width,  and  6  inches  thick,  and  shall  be  cut  to  a 
fair  and  level  surface  without  windings,  with  true  and  parallel  sides, 
and  the  ends  square  so  as  to  form  tight  and  close  joints;  under 
the  penalty  of  $10,  to  be  sued  for  and  recovered  from  the  person  or 
persons  laying  the  same  and  the  owner  or  owners  of  the  lot  fronting 
on  the  sidewalk  or  street,  severally  and  respectively.  (C.  O.,  §  125.) 

2.  Regulating.  If  any  street,  when  paved,  shall  not  exactly  range, 
the  gutter  or  outside  of  the  footpath  or  sidewalk,  shall  be  laid  out 
and  made  as  nearly  in  a  straight  line  as  the  street  will  permit;  the 
ascent  and  descent  of  the  same  shall  be  regulated  by  the  president  of 
the  borough  in  which  the  same  is  located,  and  a  profile  thereof,  with 
the  regulations  distinctly  marked  therein,  shall  be  deposited  and 
kept  in  the  office  of  the  borough  president  regulating  the  same. 
(C.  O.,  §  126.) 

§  64.  Width  of  streets  in  Brooklyn. — The  widths  of  the  roadways 
and  the  sidewalks  of  the  streets  in  the  Twenty-ninth  and  Thirty- 
second  wards  of  the  borough  of  Brooklyn  are  hereby  fixed  at  the 
dimensions  prescribed  by  the  ordinances  of  the  former  city  of  Brook- 
lyn, instead  of  the  dimensions  indicated  upon  the  title  pages  of  the 
maps  of  the  former  towns  of  Flatbush,  New  Utrecht,  Gravesend  and 
Flatlands,  except  in  the  case  of  the  following  named  streets  and 
avenues,  where  the  width  of  roadways  and  sidewalks  shall  remain  as 
shown  upon  the  above  mentioned  town  survey  maps  and  where  the 
streets  have  already  been  paved,  namely: 

Thirteenth  avenue,  within  the  limits  of  the  Twenty-ninth  ward; 

Sixteenth  avenue,  within  the  limits  of  the  Twenty-ninth  ward; 

Malbone  street,  within  the  limits  of  the  Twenty-ninth  ward; 

East  New  York  avenue,  within  the  limits  of  the  Twenty-ninth 
ward; 

Church  avenue,  for  its  entire  length; 

Tilden  avenue  (formerly  Vernon  avenue),  between  Flatbush 
avenue  and  Holy  Cross  cemetery; 

Cortelyou  road,  for  its  entire  length; 

Clarendon  road,  for  its  entire  length; 

Avenue  E  (or  Ditmas  avenue),  between  Coney  Island  avenue  and 
West  avenue  and  between  Remsen  avenue  and  Rockaway 
avenue; 

Avenue  F,  between  Rogers  avenue  and  Ocean  avenue; 

Flatlands  avenue,  within  the  limits  of  the  Thirty-second  ward; 

Rogers  avenue,  from  Malbone  street  to  Flatbush  avenue; 

New  York  avenue,  from  Malbone  street  to  Church  avenue; 

Albany  avenue,  from  Malbone  street  to  its  southerly  end; 

Utica  avenue,  from  East  New  York  avenue  to  Flatbush  avenue; 

Ralph  avenue,  from  Remsen  avenue  to  Avenue  T; 

Remsen  avenue,  for  its  entire  length; 

East  Ninety-second  street,  for  its  entire  length; 

Rockaway  parkway,  for  its  entire  length; 


504  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

Avenue  T,  between  Ralph  avenue  and  Flatbush  avenue; 

Flatbush  avenue,  between  Malbone  street  and  Jamaica  bay; 

Nostrand  avenue,  from  Malbone  street  to  the  boundary  line 
between  Thirty-first  and  Thirty-second  wards; 

Coney  Island  avenue,  within  the  limits  of  the  Twenty-ninth  ward; 

Brooklyn  avenue,  from  Church  avenue  to  Avenue  C; 

East  Ninety-third  street,  from  Avenue  N  to  Jamaica  bay; 

East  Ninety-eighth  street,  for  its  entire  length; 

Avenue  N  from  Remsen  avenue  to  East  Ninety-third  street,  and 
from  Flatbush  avenue  to  Avenue  U; 

Avenue  U,  from  Avenue  N  to  Jamaica  bay; 

Linden  avenue,  from  East  Ninety-second  street  to  Rockaway 
parkway; 

Avenue  A,  within  the  limits  of  the  Thirty-second  ward.  (Brookl. 
Ords.,  §  14.) 

§  65.  Removal  of  debris. — Any  person,  other  than  the  commissioner 
of  water  supply,  gas  and  electricity,  who  may  hereafter  pave,  or 
cause  to  be  paved  any  street,  shall  have  the  sand,  dirt  or  rubbish 
cleaned  off  such  street  and  every  part  thereof,  within  12  days  after 
the  pavement  shall  have  been  completed,  under  a  penalty  of  $25 
for  each  violation  of  this  provision;  and  in  addition  thereto,  the 
president  of  the  borough  in  which  the  work  has  been  done  shall  cause 
the  debris  thereof  to  be  removed  at  the  expense  of  the  party  neglect- 
ing or  refusing  so  to  do,  who  shall  be  liable  in  an  appropriate  action 
at  law  for  the  recovery  of  the  amount  expended  by  the  city.  This 
section  shall  be  so  construed  as  to  apply  to  the  removal  of  all  sand, 
dirt  or  rubbish  collected  in  any  part  of  any  and  all  streets  covered 
by  any  pavement  so  done  or  laid,  or  excavation  that  may  have  been 
made,  or  other  work  done  in  pursuance  thereof;  and  no  account  for 
paving,  in  pursuance  of  this  section,  shall  be  accepted  as  completed 
unless  the  city  official  making  the  contract  shall  certify  that  this 
section  has  been  fully  complied  with.  (C.  O.,  §§  136,  137.) 


ARTICLE  8 

DISTURBANCE  OF  SURFACE 

Sec.  80.  General  provisions. 

§  81.  Prevention  of  disturbances  of  street  surface. 
§  82.  Violations. 

Sec.  80.  General  provisions. — No  person,  without  being  previously 
authorized  by  a  permit  of  the  president  of  the  borough,  haying 
jurisdiction,  shall  fill  in  or  raise,  or  cause  to  be  filled  in  or  raised, 
any  street  or  public  place,  or  any  part  of  such  street  or  public  place, 
or  take  up,  remove,  or  carry  away,  or  cause  to  be  taken  up,  removed 
or  carried  away,  any  asphalt  or  asphalt  blocks,  flagstones,  turf, 
stone,  gravel,  sand,  clay  or  earth  from  any  such  street  or  public 
place.  (Port  Richmond  Ords.,  §  3,  made  general.) 

§81.  Prevention  of  disturbance  of  street  surface. — Whenever  any 
persons  shall  attempt  to  take  up  the  pavement  of  any  street  or  re- 
move any  part  of  the  paving  thereof,  without  a  permit,  the  borough 


STREETS  505 

president  having  jurisdiction  shall  take  immediate  steps  to  prevent 
such  disturbance  of  the  surface  of  the  street,  and  shall  forthwith 
restore  such  flagging  or  pavement,  as  nearly  as  may  be  practicable, 
to  the  condition  in  which  it  was  before  such  taking  or  removal  as 
aforesaid,  at  the  expense  of  the  party  removing  the  same,  to  be  re- 
covered as  penalties  are  recovered.  (C.  O.,  §  147.) 

A  fee  of  $5.00  for  permit  to  open  pavement  is  a  valid  exercise  of  police  power. 
Buffalo  v.  Stevenson,  207  N.  Y.  258. 

§  82.  Violations. — Any  person  who  shall  violate  any  provision 
of  this  article  shall,  upon  conviction  thereof,  be  punished  by  a  fine 
of  not  more  than  $50,  or  by  imprisonment  for  not  exceeding  30  days, 
or  by  both  such  fine  and  imprisonment.  (New  Brighton  Ords.,  §  6.) 

ARTICLE  9 

EXCAVATIONS 

Sec.  90.  Permit  required. 

91.  Deposits  to  cover  cost  of  restoration  of  pavement. 

92.  Restrictions;  borough  of  Richmond. 

93.  Workmen  on  excavations. 

94.  Excavations  for  public  works. 

95.  Excavations  for  private  purposes. 
§  96.  Replacement  of  pavement. 

§  97.  Fees;  borough  of  Richmond. 
§  98.  Enforcement  of  article. 

Sec.  90.  Permit  required. — No  water  company,  gas  company, 
telephone  or  electric  light  company,  nor  any  person  or  association 
of  persons  shall  be  allowed  to  dig  up  any  street  or  public  place,  for 
any  purpose,  without  a  written  permit  from  the  president  of  the 
borough  in  which  the  work  is  to  be  done.  (C.  O.,  §  148,  revised.) 

§  91.  Deposits  to  cover  cost  of  restoration  of  pavement.  1.  When 
required. — Each  borough  president,  whenever  granting  a  permit 
for  any  excavation,  opening  or  disturbance  of  the  pavement  of  the 
carriageway  of  any  street  or  sidewalk  thereof,  for  any  purpose 
whatever,  except  in  cases  where  such  opening,  excavation  or  dis- 
turbance shall  be  directly  authorized  by  law,  shall  require,  of  the 
person  by  whom  or  for  whose  benefit  any  excavation  or  opening 
is  to  be  made,  a  deposit  of  such  sum  as  shall  be  deemed  sufficient 
to  cover  and  pay  all  the  expenses  on  the  part  of  the  department 
granting  the  permit,  as  the  case  may  be,  for  furnishing  such  material, 
doing  such  work,  and  taking  such  means  as  shall  be  required  to 
properly  restore  and  secure  against  sinkage  the  street  and  sidewalk, 
pavement,  curb  and  flagging  necessary  to  be  replaced  in  consequence 
of  making  such  excavation,  opening  or  disturbance;  which  deposit 
shall  be  a  full  discharge  of  all  liability  and  claim  against  the  person 
making  such  deposit  and  payment  for  the  work  herein  provided  for 
and  required  of  the  department  aforesaid.  (C.  O.,  §  148.) 

2.  Deposits  go  to  chamberlain.  All  moneys  received  as  deposits 
under  the  preceding  subdivision  shall  be  turned  over  to  the  chamber- 
lain, who  shall  keep  an  account  of  the  same,  which  shall  be  separate 
and  distinct  from  all  other  funds  and  accounts  whatsoever,  and 


506  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

such  deposits  shall  constitute  a  "Special  Fund,"  in  respect  to  each 
department  separately,  which  is  hereby  created  and  established 
subject  to  such  payments  as  hereinafter  provided  for.  (C.  O.,  §  149.) 

3.  Disbursements  from  deposits.  Such  sums  as  shall  be  certified 
by  the  borough  presidents  to  have  been  necessarily  expended  by 
them  for  any  repaving  done,  pursuant  to  this  article,  shall  be  paid 
from  the  appropriate  "  Special  Fund,"  upon  the  requisition  of  the 
borough  presidents,  as  the  case  may  be,  after  examination,  audit 
and  allowance  of  accounts  by  the  finance  department,  in  the  same 
manner  that  payments  are  or  shall  be  required  by  law  to  be  made 
from  the  city  treasury;  provided  that  the  amount  so  certified  and 
paid  shall  not  exceed  the  aggregate  amount  of  such  "  Special  Fund." 
(C.  O.,  §  151.) 

§  92.  Restrictions;  borough  of  Richmond. — The  following  shall 
apply  to  all  excavations  made  in  streets  in  the  borough  of  Richmond: 

1.  Extent  of  opening.     At  the  intersection  of  cross  streets,  not 
more  than  one-half  of  the  width  of  the  street  shall  be  opened  at  one 
time;  the  other  half  shall  remain  untouched  for  the  accommodation 
of  traffic  until  the  first  half  is  restored  for  safe  use.    (Richmond  Ords., 
§8.) 

2.  Hydrants  and  mail  boxes.    All  work  shall  be  so  prosecuted  as 
not  to  interfere  with  easy  access  to  fire  hydrants  and  United  States 
mail  boxes.     (Id.,   §  9.) 

3.  Snow  removal.    The  person  or  corporation  to  whom  a  permit 
for  street  opening  is  granted  must  remove,  within  24  hours,  all  snow 
and  ice  that  may  fall  or  form  upon  the  street  within  5  feet  upon 
either  side  of  the  opening  and  keep  the  space  free  from  snow  and 
ice  until  the  opening  is  properly  refilled.     (Id.,  §  21.) 

4.  Tunnelling.    Tunnelling  under  crosswalks  and  railroad  tracks 
shall  not  be  allowed  at  any  time.    The  bridge  stones  forming  cross- 
walks must  be  removed  and  placed  out  of  the  way  of  street  traffic, 
being  carefully  relaid  and  thoroughly  bedded  when  the  work  is  com- 
pleted.    (Id.,  §7.) 

§  93.  Workmen  on  excavations. — A  person  to  whom  consent  may 
be  granted,  or  a  permit  issued  to  use  or  open  a  street,  shall  be  re- 
quired, before  such  consent  or  permit  may  be  granted  or  issued,  to 
agree  that  none  but  competent  men,  skilled  in  the  work  required  of 
them,  shall  be  employed  thereon,  and  that  the  prevailing  scale  of 
union  wages  shall  be  paid  to  those  so  employed.  No  consent  shall  be 
granted  or  permission  given  until  such  agreement  shall  have  been 
entered  into,  with  the  department  having  jurisdiction  over  the 
street  to  be  so  used  or  opened,  and  all  such  permits  hereafter  issued 
shall  include  therein  a  copy  of  this  provision.  (C.  O.,  §  113a.) 

§  94.  Excavations  for  public  works.  1.  Notice  to  public  service 
corporations. — Whenever  any  sewer,  culvert,  water  main  or  pipe  is  to 
be  constructed,  altered  or  repaired  in  any  street  in  which  the  pipes, 
mains  or  conduits  of  public  service  corporations  are  laid,  or  whenever 
any  such  street  shall  be  regulated  or  graded,  the  contractor  therefor 
shall  give  notice  thereof  in  writing  to  the  said  corporations,  or  to 
the  one  whose  pipes,  mains  or  conduits  are  laid  in  the  street  about  to 
be  so  disturbed,  regulated  or  graded,  at  least  24  hours  before  break- 
ing ground  therefor.  This  provision  shall  be  included  in  every  con- 
tract hereafter  made  for  constructing,  altering  or  repairing  any  sewer 


STREETS  507 

or  culvert,  water  main  or  pipe,  in  any  street  in  which  the  pipes, 
mains  or  conduits  of  public  service  corporations  shall  be  laid  at  the 
time  of  making  such  contract,  or  for  regulating  or  grading  any  such 
street.  (C.  O.,  §§  163,  165.) 

2.  Public  service  corporations  shall  protect  their  property.  Public 
service  corporations  whose  pipes,  mains  or  conduits  are  about  to  be 
disturbed  by  the  constructing,  altering  or  repairing  of  any  sewer, 
culvert,  water  main  or  pipe,  or  by  the  regulating  or  grading  of  any 
street,  shall,  on  the  receipt  of  the  notice  provided  for  in  the  preced- 
ing subdivision,  remove  or  otherwise  protect  and  replace  their  pipes, 
mains  and  conduits,  and  all  fixtures  and  appliances  connected  there- 
with or  attached  thereto,  where  necessary,  under  the  direction  of  the 
borough  president.  (C.  O.,  §  164,  as  amend.  Feb.  9,  1915.) 

§95.  Excavations  for  private  purposes.  1.  Notice  to  public  service 
corporations. — The  person  by  whom  or  for  whose  benefit  any  excava- 
tion is  to  be  made  in  any  street,  shall  give  notice,  in  writing  thereof, 
to  any  corporation  whose  pipes,  mains  or  conduits  are  laid  in  the 
street  about  to  be  disturbed  by  such  excavation,  at  least  24  hours 
before  commencing  the  same;  and  shall,  at  his  expense?  sustain, 
secure  and  protect  such  pipes,  mains  or  conduits  from  injury,  and 
replace  and  pack  the  earth  wherever  the  same  shall  have  been  re- 
moved, loosened  or  disturbed,  under  or  around  them,  so  that  they 
shall  be  well  and  substantially  supported.  If  any  such  person  shall 
fail  to  sustain,  secure  and  protect  said  pipes,  mains  or  conduits  from 
injury,  or  to  replace  and  pack  the  earth  under  or  around  them,  as  the 
provisions  of  this  section  require,  then  the  same  may  be  done  by  the 
corporation  to  whom  the  same  may  belong,  and  the  cost  thereof,  and 
all  damages  sustained  by  said  corporation  thereby,  shall  be  paid 
by  said  person,  and,  in  default  thereof,  such  corporation  may  main- 
tain an  action  against  him  therefor.  (C.  O.,  §  166.) 

2.  Permits  conditioned  upon  such  notice.  The  provisions  of  the 
preceding  subdivision  shall  be  made  part  and  a  condition  of  every 
permit  that  shall  be  granted  to  any  person  for  making  any  excavation 
in  any  street  in  which  the  pipes,  mains  or  conduits  of  any  public 
service  corporation  shall  be  laid  at  the  time  of  granting  said  permits; 
provided  such  corporations  or  any  of  them  shall  secure  such  permits, 
or  pay  a  just  proportion  of  the  fees  therefor.  (C.  O.,  §  167,  as  amend. 
Feb.  9,  1915.) 

§  96.  Replacement  of  pavement.  1.  Geiieral  provisions. — Whenever 
any  pavement,  sidewalk,  curb  or  gutter  in  any  street  or  public  place 
shall  be  taken  up,  the  borough  president  having  jurisdiction  shall 
restore  such  pavement,  sidewalk,  curb  or  gutter  to  its  proper  condi- 
tion as  soon  thereafter  as  is  practicable,  requiring  the  person  or 
persons  by  whom  or  for  whose  benefit  the  same  is  removed  to  deposit 
the  material  composing  the  superstructure,  without  breaking  or 
injuring  the  same,  and  in  a  manner  which  will  occasion  the  least 
inconvenience  to  the  public;  to  fill  in  any  excavation  made,  and  to 
leave  the  same  properly  packed,  rammed  and  repaired  for  any  re- 
quired repaving.  Each  borough  president  is  hereby  authorized  to 
establish  such  rules  and  regulations  as,  in  his  judgment,  shall  be 
deemed  necessary  for  the  purpose  of  carrying  out  the  provisions  of 
this  subdivision.  (C.  O.,  §  150.) 

2.  Rock  refills.    Wherever  rock  is  excavated,  not  more  than  one- 


508  CODE   OF  ORDINANCES  OP  THE   CITY   OF  NEW   YORK 

third  of  the  total  excavation  shall  be  refilled  with  the  broken  stone, 
which  must  be  in  pieces  not  exceeding  6  inches  in  their  largest  dimen- 
sion, and  mingled  with  clean  earth  and  sand,  and  restored  in  such 
manner  as  to  insure  the  thorough  and  compact  filling  of  all  spaces. 
(Richmond  Ords.,  §  6.) 

3.  Restoration  by  borough  presidents.  Whenever  any  pavement  in 
any  street  shall  be  taken  up,  or  any  paving  stones  in  a  street  shall 
have  been  removed  in  violation  of  the  preceding  sections,  the  pres- 
ident of  the  borough  having  jurisdiction  shall  forthwith  return  such 
stones  to  their  former  places,  and  shall  otherwise  restore  the  pave- 
ment, as  nearly  as  may  be  practicable,  to  its  normal  condition. 
(C.  O.,  §  145.) 

§97.  Fees;  borough  of  Richmond.  1.  Restoration  of  pavement. — Fees 
for  the  restoration  of  pavement  shall  be  paid  by  the  person  responsible 
for  a  street  excavation  in  the  Borough  of  Richmond,  as  follows: 

a.  For  areas  less  than  10  square  yards: 
Restorirg  granite  or  other  blocks  with  portland  cement  joints 

on  concrete  foundation,  per  square  yard $6  30 

Restoring  granite  or  other  blocks  with  sand  or  tar  joints, 
brick  sheet  asphalt  and  bituminous  concrete;  on  concrete 
foundation  and  bituminous  macadam  pavement,  per 

square  yard 4  90 

Restoring  concrete  pavement,  per  square  yard 5  50 

Restoring  macadam  bounded  with  tarvia,  per  square  yard. .       2  80 
Restoring  macadam  surfaced  with  tarvia  and  grits,  and  im- 
proved granite  block  on  sand  grouted,  per  square  yard,  and 

new  curb  on  concrete,  per  linear  foot '     1  75 

Restoring  granite  or  other  blocks  of  sand  with  sand  joints  per 

square  yard 1  40 

Restoring  plain  macadam,  per  square  yard 1  10 

Restoring  old  curb  on  concrete,  per  linear  foot,  and  old  bridg- 
ing per  square  foot *  70 

Restoring  new  flagstone,  per  square  foot 40 

Restoring  cement  sidewalk  per  square  foot,  and  old  curb  on 

sand  per  linear  foot 

Restoring  unpaved  streets,  per  square  yard 20 

Restoring  old  flagstone,  per  square  foot 15 

2.  Areas  in  excess  of  10  square  yards.     The  fees  for  such  excava- 
tions in  the  borough  of  Richmond  shall  be  such  as  may  be  deter- 
mined by  the  President  of  the  borough  or  his  representative.    The 
area  of  surface  to  be  repaved  shall  in  all  cases  be  computed  by  the 
president  of  the  borough  or  his  representative,  from  the  diagram 
in  the  application  as  verified  or  corrected  by  comparison  with  the 
maps  and  records  on  file. 

3.  Inspection  of  back  filling.     The  fee  for  the  inspection  of  the 
back  filling  of  any  trench  in  a  street  in  the  borough  of  Richmond 
shall  be  as  follows: 

For  trenches  not  more  than  4  feet  in  depth,  nor  more  than 

30  feet  in  length $3  00 

For  trenches  over  4  feet  and  under  9  feet  in  depth  and  not 

more  than  30  feet  in  length 4  50 

For  trenches  over  9  feet  under  15  feet  in  depth  and  not  more 
than  30  feet  in  length  . 6  00 


STREETS  509 

For  trenches  of  greater  dimensions  than  the  foregoing,  special  charge, 
as  may  be  determined  by  the  president  of  the  borough,  or  his 
representative. 

Adopted  April  16,  1918.    Approved  April  27,  1918. 

§  98.  Enforcement  of  article.  1.  Duties  of  police. — All  policemen 
shall  be  vigilant  in  the  enforcement  of  the  provisions  of  this  article, 
and  report  through  proper  channels  any  violations  thereof  to  the 
corporation  counsel.  Policemen,  on  observing  or  being  informed  of 
the  opening  of  or  excavating  in  any  street,  shall  require  the  person 
making  such  opening  or  excavation  to  exhibit  the  authority  or 
permission  therefor;  and,  if  none  has  been  given,  or  if  the  exhibition 
thereof  be  refused,  the  officer  shall,  without  delay,  make  complaint 
to  the  corporation  counsel  and  report  the  same  to  the  president  of  the 
borough  in  which  the  violation  occurs,  through  the  police  commis- 
sioner. (C.  O.,  §  161.) 

2.  Violations.  Any  person  who  shall  violate  any  provision  of  this 
article  shall  forfeit  and  pay  a  penalty  of  $50,  and,  in  addition  thereto 
shall  be  liable  to  pay  the  expense  of  repairing  or  replacing  any  pave- 
ment removed  or  damaged  by  him.  (C.  O.,  §  148.) 


ARTICLE  10 

HOUSE  NUMBERING 

Sec.  110.  General  provisions. 

§  111.  Borough  presidents  to  adjust  numbering. 
§  112.  Numbers  in  certain  sections  of  Manhattan. 

Sec.  110.  General  jrrovisions.  1.  Requirements. — The  owner,  agent, 
lessee  or  other  person  in  charge  of  any  building  in  the  city  upon 
a  street  to  which  street  numbers  of  buildings  have  been  assigned 
by  the  president  of  the  borough  in  which  such  building  is  situate, 
shall  cause  the  proper  street  number  or  numbers  of  such  building 
to  be  displayed  on  the  fanlight  or  transom  or  door  or  entrance  steps 
or  gate  or  at  the  nearest  practicable  point  to  the  entrance  of  such 
building,  in  such  manner  that  the  street  number  or  numbers  may 
at  all  times  be  plainly  legible  from  the  sidewalk  in  front  of  such 
building;  provided,  however,  that  so  far  as  the  purpose  or  intent 
of  this  section  is  concerned,  the  "front"  shall  be  construed  as  that 
side  of  the  building  which  faces  the  street  on  which  the  number  or 
numbers  of  such  building,  or  premises  on  which  such  building  is 
situate,  have  been  allotted,  and  that  the  number  or  numbers  shall 
be  displayed  on  such  side  of  such  building  or  premises. 

2.  Violation.  If  the  owner,  lessee,  agent  or  other  person  in  charge 
of  any  building  in  the  city  upon  a  street  to  which  street  numbers  of 
buildings  have  been  assigned  by  the  president  of  the  borough  in 
which  such  building  is  situate,  shall  fail  to  display  the  proper  street 
number  of  such  building,  as  provided  in  the  foregoing  paragraph, 
within  30  days  after  this  ordinance  shall  take  effect,  the  president  of 
the  borough  in  which  such  building  is  situate  shall  forthwith  serve 
such  person  or  persons  with  a  copy  of  this  section,  and  if  after  30 
days'  service,  the  owner,  lessee,  agent  or  other  person  in  charge  of 


510  CODE  OP  ORDINANCES   OP  THE  CITY  OF  NEW  YORK 

such  building  shall  fail  or  neglect  to  comply  with  the  provisions 
thereof,  he  shall  be  subject  to  a  penalty  of  $25,  which  shall  be  sued 
for  and  collected  in  the  name  of  the  city.  (Amend,  ord.  effective 
July  7,  1916.) 

§  111.  Borough  presidents  to  adjust  numbering. — In  all  cases  where 
a  street  shall  have  been  numbered  or  renumbered,  the  borough 
president  having  jurisdiction  shall  thereafter  adjust  and  renumber 
such  street  as  the  same  may  be  required  from  time  to  time.  In 
numbering  and  renumbering  houses,  he  shall  leave  sufficient  numbers 
on  each  block,  so  that,  under  any  circumstances,  there  would  be  but 
one  block  where  a  change  would  be  required,  in  case  of  renumbering 
at  any  subsequent  time.  (C.  O.,  §§  101,  104.) 

Power  of  city  authorities  to  renumber  houses  sustained.  Van  Ingen  v.  Hudson 
Realty  Co.,  106  App.  Div.  444. 

§  112.  Numbers  in  certain  sections  of  Manhattan. — Whenever  any 
street  north  of  9th  street,  unclusive,  in  the  borough  of  Manhattan, 
shall  be  directed  to  be  numbered  or  renumbered,  the  president  of 
said  borough  shall  cause  the  numbers  to  commence  at  Fifth  avenue, 
numbering  east  and  west,  beginning  with  No.  1,  on  the  west  side  of 
Fifth  avenue;  No.  100,  on  the  west  side  of  Sixth  avenue;  No.  200, 
on  the  west  side  of  Seventh  avenue,  and  so  on,  east  and  west  of 
Fifth  avenue,  through  the  whole  series  of  streets  north  of  9th  street, 
and  including  9th  street;  and  said  streets  shall  hereafter  be  called 
and  known  as  East  9th  street  and  West  9th  street,  and  so  on;  the 
dividing  line  to  be  Fifth  avenue.  (C.  O.,  §  102.) 


ARTICLE  11 

LIGHTS 

Sec.  120.  Breaking  or  carrying  away  lamps  or  fixtures. 
§  121.  Removal  of  lamp-posts  or  electric  light  poles. 
§  122.  Violations. 

Sec.  120.  Breaking  or  carrying  away  lamps  or  fixtures. — No  per- 
son shall  wilfully  break,  deface,  take  down,  carry  away,  or  interfere 
with  any  lamp  or  any  gas  or  electric  light  apparatus,  or  any  part 
thereof,  which  shall  be  hung  or  fixed  in  any  street  or  public  place,  or 
extinguish  the  light  therein  except  by  proper  authority.  (New.) 

§  121.  Removal  of  lamp-posts  or  electric  light  poles. — No  person 
shall  take  up,  remove  or  carry  away  any  lamp-post  or  electric  light 
pole  in  any  street  or  public  place,  without  permission  of  the  com- 
missioner of  water  supply,  gas  and  electricity.  Any  person  who 
shall  take  up  and  temporarily  remove  any  lamp-post  or  electric 
light  pole,  under  a  permit  or  by  other  lawful  authority,  shall  cause 
the  same  to  be  reset  at  his  own  expense  immediately  upon  the  com- 
pletion of  the  work  that  necessitated  its  removal.  (C.  O.,  §§  297, 
298,  revised.) 

§  122.  Violations. — Any  person  who  shall  violate  any  provision 
of  this  article  shall,  upon  conviction  thereof,  be  punished  by  a  fine 
of  not  more  than  $50,  or  by  imprisonment  for  not  exceeding  30  days, 
or  by  both  such  fine  and  imprisonment.  (New.  Charter  §  1462.) 


STREETS  511 

ARTICLE  12 

NOISES 

Sec.  130.  General  provisions. 

§  131.  Hospital  streets. 

§  132.  School  streets. 

§  132a.  Motor  vehicles;  warning  or  signalling  device  required. 

§  133.  Peddlers,  hawkers  and  venders. 

§  134.  Junkmen. 

§  135.  Metal  rails,  pillars  and  columns,  transportation  of. 

§  136.  Showmen. 

Sec.  130.  General  provisions. — No  person  shall  make,  aid,  counte- 
nance, encourage  or  assist  in  making  any  unusual  or  improper  noise, 
riot  or  disturbance  in  any  street  or  public  place  to  the  annoyance 
or  inconvenience  of  travelers,  or  of  persons  residing  adjacent  thereto; 
nor  shall  any  person  use  any  profane,  obscene  or  vulgar  language 
in  any  street,  or  public  place.  (Arverne  Ords.,  §  1,  made  general.) 

§  131.  Hospital  streets. — The  several  borough  presidents  are  hereby 
authorized  to  erect  on  lamp-posts,  or,  in  the  absence  of  lamp-posts, 
on  such  posts  as  they  may  find  occasion  to  erect,  at  corners  of  in- 
tersecting streets  on  which  may  be  located  a  hospital,  lying-in  asy- 
lum, sanatorium  or  other  institution  reserved  for  the  treatment 
of  the  sick,  a  sign  or  signs  displaying  the  words:  "Notice — Hospital 
Street, "  and  such  other  warning  or  admonition  to  pedestrians  and 
drivers  to  refrain  from  fast  driving  or  making  any  noiso  that  may 
tend  to  disturb  the  peace  and  quiet  of  any  or  all  of  the  inmates  of 
such  institution.  No  person  shall  make  any  unnecessary  noise  nor 
drive  at  a  speed  faster  than  a  walk  on  any  street  designated  as  a 
"Hospital  Street,"  for  which- such  warning  signs  have  been  erected. 
(C.  O.,  §  260E.) 

§  132.  School  streets.  1.  Signs. — The  several  borough  presidents 
are  hereby  authorized  to  erect,  on  lamp-posts,  or,  in  the  absence  of 
lamp-posts,  on  such  posts  as  they  may  find  occasion  to  erect,  at 
corners  of  intersecting  streets  on  which  may  be  located  a  school, 
a  sign  or  signs  displaying  the  words,  "  Notice-^-School  Street,"  and 
such  other  warning  or  admonition  to  pedestrians  and  drivers  not 
to  make  any  unnecessary  noise  or  to  drive  at  such  speed  as  may  tend 
to  disturb  the  peace  and  quiet  of  the  pupils  and  teachers  of  such 
school,  as  may  be  deemed  to  be  expedient. 

2.  Noisy  vehicular  traffic.    The  police  commissioner  is  authorized 
in  his  discretion  to  cause  all  heavy,  noisy  vehicular  traffic  to  be 
diverted  from  the  immediate  block  or  blocks  upon  which  any  school 
shall  be  located,  during  the  period  between  the  hours  of  8.45  a.  m. 
and  3.15  p.  m.  of  every  school  day. 

3.  Noise  lessening  pavement.    The  several  borough  presidents  are 
hereby  authorized,  in  their  discretion,  to  repave  the  streets  immedi- 
ately contiguous  to  schools  with  such  noise  lessening  pavement  as 
may  moot  with  their  approval. 

4.  Prohibitions.     No  person  shall  make  any  unnecessary  noise, 
or  drive  at  a  speed  faster  than  a  walk,  or  violate  any  traffic  rule  or 


512  CODE   OF   ORDINANCES   OP  THE   CITY   OF  NEW   YORK 

regulation  of  the  police  department  on  any  street  which  has  been 
designated  as  a  "School  Street,"  for  which  such  warning  signs  have 
been  erected.  (Ord.  Apr.  16, 1912,  revised.) 

§  132a.  Motor  vehicles,'  warning  or  signalling  device  required. — 
Every  motorcycle  or  motor  vehicle  operated  or  driven  on  the  streets 
of  this  city  shall  be  provided  with  an  adequate  warning  or  signalling 
device.  This  device,  whether  a  horn  or  whistle,  must  be  operated 
by  hand  power  or  electricity,  and  the  use  of  horns,  whistles  or  other 
devices  operated  by  the  engine  exhaust  of  motorcycles  or  motor 
vehicles  is  prohibited.  (New.) 

Adopted  December  2,  1918.    Approved  December  13,  1918. 

§  133.  Peddlers,  hawkers  and  venders.  1.  Generally. — No  peddler, 
vender,  hawker  or  huckster,  who  plies  a  trade  or  calling  of  whatsoever 
nature  on  the  streets,  shall  blow  upon  or  use  or  suffer  or  permit  to 
be  blown  upon  or  used,  any  horn  or  other  instrument  or  device, 
nor  make  or  suffer  or  permit  to  be  made  any  noise  tending  to  disturb 
the  peace  and  quiet  of  a  neighborhood,  for  the  purpose  of  directing 
attention  to  his  wares,  trade  or  calling.  No  peddler  shall  cry  or 
sell  his  or  her  wares  or  merchandise  on  Sunday,  nor  after  9  o'clock 
p.  m.,  nor  cry  his  or  her  wares  before  8  o'clock  in  the  morning  of 
any  day  except  Saturdays,  when  they  shall  be  allowed  to  cry  or  sell 
their  wares  or  merchandise  until  11.30  o'clock  p.  m.  (C.  O  ,  §  551, 
revised.) 

2.  Special  restrictions.  No  peddler  shall  be  allowed  to  cry  his  or 
her  wares  within  a  distance  of  250  feet  of  any  school,  court  house, 
church  or  building  in  which  religious  services  are  held,  during  school 
hours  or  hours  of  public  worship,  or  hours  of  holding  court,  respec- 
tively, nor  at  any  time  within  a  like  distance  of  any  hospital,  asylum 
or  other  like  institution,  nor  within  a  distance  of  250  feet  of  any 
dwelling  house  or  other  building,  when  directed  or  requested  by  an 
occupant  thereof  not  to  do  so. 

§  134.  Junkmen. — No  junkman,  or  other  person  engaged  in  the 
buying  or  selling  of  goods,  chattels  Or  merchandise  of  any  kind,  shall 
use  or  employ  on  any  street  any  bell  exceeding  6  ounces  in  weight, 
attached  to  his  vehicle  or  horse,  or  in  any  other  manner;  nor  more 
than  three  bells  at  any  one  time,  or  cause  or  allow  the  same  to  be 
done.  (Brooklyn  Ords.,  §  78,  made  general.) 

§  135.  Metal  rails,  pillars  and  columns,  transportation  of. — All 
rails,  pillars  and  columns  of  iron,  steel  or  other  material,  which  are 
being  transported  over  and  along  the  streets  upon  carts,  drays,  cars, 
or  in  any  other  manner,  shall  be  so  loaded  as  to  avoid  causing  loud 
noises  or  disturbing  the  peace  and  quiet  of  such  streets.  (C.  O., 
§  529.) 

§  136.  Showmen. — No  person  shall  beat  a  drum  or  operate  any 
other  instrument,  for  the  purpose  of  attracting  attention  to  any 
show  of  beasts  or  birds  or  other  things;  nor  shall  any  person  use 
or  perform  with  or  hire,  procure  or  abet  any  other  person  to  use 
or  perform  with  any  musical  or  other  instrument,  in  any  street  or 
public  place,  unless  he  shall  be  licensed,  as  such,  under  the  provisions 
of  §  171  of  chapter  14  of  this  ordinance.  The  provisions  of  this 
section  shall  apply  to  itinerant  musicians  and  side-shows,  and  shall 
not  be  construed  so  as  to  affect  any  band  of  music  or  organized 
musical  society,  engaged  in  any  military  or  civic  parade  or  in  serenad- 


STREETS  513 

ing,  that  shall  comply  with  the  laws  of  the  state  or  the  provisions  of 
§  38  of  chapter  24  of  this  ordinance,  relating  to  parades,  nor  to  any 
musical  performance  conducted  under  a  license  from  the  proper 
municipal  authority.  (Manh.  Ords.,  §  39,  made  general.) 


ARTICLE  13 

OBSTRUCTIONS  AND   INCUMBRANCES 

Sec.  140.  Special  uses  of  streets. 

§  141.  Building  construction,  sidewalk  bridges. 

§  142.  Building  material. 

§  143.  Earth,  rocks  and  rubbish. 

144.  House  moving. 

145.  Posts  and  poles. 

146.  Removal  of  abandoned  poles. 

147.  Show  cases. 

148.  Stairways  and  hoistways. 

149.  Stands  within  stoop  lines. 
§  150.  Storm-doors. 

§  151.  Removal  of  obstructions  and  incumbrances. 

§  152.  Vehicles,  merchandise  and  other  movable  property. 

Sec.  140.  Special  uses  of  streets. — No  person  shall,  except  as  other- 
wise provided  in  this  code,  incumber  or  obstruct  any  street  or  side- 
walk which  has  been  opened,  regulated  or  graded,  according  to  law, 
with  any  article  or  thing  whatsoever.  (C.  O.,  §  219,  as  amend,  by 
ord.  app.  Aug.  8,  1916.) 

This  is  substantially  the  same  as  sec.  33  of  Ch.  6,  R.  O.  1880;  sec.  1,  Ch.  24, 
City  Ordinances,  1859;  sec.  5,  tit.  11,  Ch.  22,  Revised  Ordinances,  1839;  and  par.  26, 
Oh.  13,  R.  O.  1811.  In  the  first  publication  of  the  ordinances  in  1793,  after  the 
Revolution,  it  was  provided,  paragraph  6,  p.  14,  that  no  person  should  "lumber" 
any  foot  path  or  "incommode  foot  passengers "  under  a  penalty  of  five  shillings, 
and  also  by  paragraph  12,  p.  16:  "That  no  Person  or  Persons  shall  incumber  or 
obstruct  any  street,  wharf,  or  pier,  with  anv  Carriages,  Timber,  Boards,  Planks, 
Staves,  Heading,  Pitch,  Tar,  Turpentine,  Grindstones,  Anchors,  Bricks,  or  any 
other  kind  of  Lumber,  or  other  Thing,  without  having  first  obtained  Leave  or 
Permission  so  to  do  from  the  Mayor  or  Recorder,  or  the  Alderman  of  the  Ward; 
and  that  Leave  and  Permission  is  hereby  limited  and  confined  to  Persons  only 
that  are  or  shall  be  building  or  repairing  Houses  or  other  Buildings,  under  the 
Penalty  of  Forty  Shillings  for  each  Offence,"  and  if  the  owners  fail  to  remove  the 
same  it  may  be  carted  to  the  Alms-house  Yard  and  sold,  unless  redeemed  for  two 
pence  a  day  for  every  load  carted.  It  is  important  to  note  that  in  this  and  many  of 
the  following  sections  affecting  street  obstructions  the  law  has  practically  been 
unchanged  for  over  a  century. 

The  decisions  on  the  general  subject  of  incumbrances  are  very  numerous.  It 
was  a  well-established  principle  at  common  law,  which  has  been  repeatedly  affirmed 
in  this  State,  that  any  obstruction,  encroachment  or  incumbrance  on  a  public 
highway  without  lawful  authority  was  a  public  nuisance  as  to  the  public  and  a 
private  nuisance  as  to  any  individual  injured.  See  statement  of  law  in  leading 
cases  of  Cohen  v.  Mayor,  etc.,  of  N.  Y.,  113  N.  Y.  532,  where  the  city  was  held 
liable  for  damages  resulting  from  a  wagon  it  allowed  to  remain  on  the  sidewalk, 
and  ( 'allaiiiin  v.  Oilman,  107  N.  Y.  361,  where  adjoining  owner  recovered  damages 
ami  enjoined  defendant  from  using  skids  on  the  sidewalk  so  continuously  as  prac- 
tically to  amount  to  an  appropriation  of  it  for  his  own  purposes.  Also  see  Davis  v. 
Mayor,  etc.,  14  N.  Y.  506;  Hume  v.  Mayor,  etc.,  74  N.  Y.  264. 

As  to  permanent  encroachments,  see  Ackerman  v.  True,  175  N.  Y.  353,  where 
the  extension  of  a  house  on  Riverside  Drive  beyond  the  building  line  under  a  per- 
mit from  the  Park  Department,  was  held  to  bo  a  nuisance  and  illegal.  See,  also: 


514  CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK 

City  of  New  York  v.  Knickerbocker  Trust  Co.,  104  App.  Div.  223;  Williams  v. 
Silverman  R.  Co.,  Ill  App.  Div.  679;  McMillan  v.  Klaw  &  Erlanger,  107  App. 
Div.  407;  Hatfield  v.  Strauss,  189  N.  Y.  208;  117  App.  Div.  671;  City  of  New  York 
v.  Rice,  198  N.  Y.  124;  Acme  Realty  Co.  v.  Schinasi,  215  N.  Y.  495. 

The  city  may  bring  an  action  in  equity  to  abate  the  nuisance  even  though  an 
action  at  law  would  lie  to  recover  the  penalty.  See  City  of  N.  Y.  v.  De  Peyster, 
120  App.  Div.  762;  City  of  N.  Y.  v.  Thorley  &  Regan,  73  App.  Div.  626;  City  of 
N.  Y.  v.  Rice,  198  N.  Y.  124. 

Such  suit  should  be  brought  in  name  of  City  and  not  of  Borough  President. 
Pounds  v.  Lee  Ave.  Theatre,  Kaffer,  J.,  N.  Y.  Law  Journal,  Mar.  4,  1914. 

And  mandamus  lies  to  compel  city  officials  to  remove  nuisances  in  streets  where 
they  fail  to  do  so.  People  ex  rel.  Cross  Co.  v.  Ahean,  124  App.  Div.  840;  People 
ex  rel.  O'Reilly  v.  Mayor,  59  How.  Pr.  277;  People  ex  rel.  Bentley  v.  Mayor,  18 
Abb.  N.  C.  123;  People  ex  rel.  Mullen  v.  Newton,  20  Abb.  N.  C.  387;  People  ex  rel. 
Browning,  King  Co.  v.  Stover,  145  App.  Div.  259. 

Mandamus  denied  where  there  was  any  doubt.  People  ex  rel.  Lynch  v.  Manh. 
R.  R.  Co.,  20  Abb.  N.  C.  393;  People  ex  rel.  Meeks  v.  Mayor,  Lawrence,  J.,  Daily 
Register,  May  29,  1888;  People  ex  rel.  John  v.  Mayor,  Beach,  J.,  Daily  Register, 
June  2,  1887;  Whitman  v.  Hubbell,  20  Abb.  N.  C.  385. 

Injunction  to  restrain  a  city  official  denied.    Ely  v.  Campbell,  59  How.  Pr.  333. 

A  private  citizen  may  bring  action  to  abate  a  nuisance  where  city  refuses.  Mc- 
Millan v.  Klaw  &  Erlanger,  107  App.  Div.  407;  Overton  v.  Village  Orelean,  37 
Hun,  47. 

Barrels  on  sidewalk  are  a  nuisance.  City  of  N.  Y.  v.  Leef,  128  N.  Y.  Supp.  676; 
wagons  in  sidewalk  are  a  nuisance.  Flynn  v.  Taylor,  127  N.  Y.  596. 

Under  the  Charter  the  Board  of  Estimate  and  Apportionment  possessed  the  power 
concerning  the  use  of  the  streets  formerly  possessed  by  the  Board  of  Aldermen. 
Hatfield  v.  Strauss,  189  N.  Y.  208,  214. 

See  Article  14,  Projections  and  Encroachments,  for  other  subjects. 

§  141.  Building  construction;  sidewalk  bridges.  —  Persons  who  desire 
to  erect  large  buildings  may  erect  and  maintain  a  bridge,  not  to 
exceed  7  feet  in  height,  above  the  sidewalk  and  6  feet  in  width, 
extending  the  whole  length  of  the  proposed  building;  the  steps  lead- 
ing to  the  same  to  rest  upon  the  sidewalk  of  the  adjoining  premises. 


§  142.  Building  material.  1.  Permit.  —  The  President  of  each 
borough  shall  have  power  to  grant  permits  to  builders  to  occupy  not 
to  exceed  one-third  of  the  carriageway  of  any  street  with  building 
material;  provided  in  his  opinion  the  interests  and  convenience  of  the 
public  will  not  suffer  thereby.  At  the  time  of  placing  such  material 
in  the  street,  the  permit  so  granted  shall  forthwith  be  posted  in  some 
conspicuous  place  on  or  near  the  material  and  shall  be  kept  there 
so  as  to  be  readily  accessible  to  inspection.  (Amend.  May  2,  1916.) 

2.  Conditions.    Such  permits  shall  provide  expressly  that  they  are 
given  upon  condition  that  the  sidewalks  and  gutters  shall  at  all  times 
be  kept  clear  and  unobstructed,  and  that  all  dirt  and  rubbish  shall 
be  promptly  removed  from  time  to  time  by  the  party  obtaining  such 
permit,  and  that  all  such  permits  may  be  revoked  by  the  borough 
president,  at  pleasure. 

3.  Deposit.  Except    as  otherwise    specifically    provided  in   this 
article,  no  such  permit  shall  be  granted  to  any  builder  unless  he  shall, 
at  the  time  said  permit  is  granted,  have  on  deposit  with  the  borough 
president,  the  sum  of  $50,  as  a  guarantee  that  he  will  promptly  com- 
ply with  the  conditions  of  all  permits  which  may  be  so  granted, 
including  the  prompt  removal  of  all  dirt  and  rubbish  placed  upon  the 
street  from  time  to  time,  and  also  for  the  prompt  removal,  after  the 
expiration  or  revocation  of  any  such  permit,  of  any  building  material 
placed  upon  any  street  thereunder.     Each  borough  president  is 
hereby  authorized  and  empowered  to  use  so  much  of  the  moneys  so 
deposited  as  may  be  required  to  effect  the  prompt  removal  of  such 


STREETS  515 

dirt  or  rubbish  as  may,  from  time  to  time,  be  left  upon  the  streets  by 
the  party  making  the  deposit,  and  also  for  the  purpose  of  removing 
any  building  material  which  may  remain  thereon,  after  the  expiration 
or  revocation  of  any  permit  under  which  it  was  so  placed.  In  case 
any  such  deposit  shall  become  impaired  or  exhausted,  by  its  use  by  a 
borough  president  in  the  removal  of  dirt,  rubbish,  or  building  mate- 
rial, the  amount  shall  be  made  up  immediately,  to  the  sum  of  $50, 
on  notice  from  the  borough  president,  and,  in  default  thereof,  all 
permits  theretofore  issued  to  the  builder  failing  to  comply  with 
such  notice  shall  be  revoked,  and  no  permit  shall  be  thereafter 
granted  to  him  until  such  deposit  be  made  good.  Any  builder  may 
at  any  time  withdraw  his  deposit;  provided  he  shall  hold  no  un- 
expired  permits  and  have  fully  complied  with  all  the  conditions  of  all 
permits  theretofore  issued,  otherwise  said  builder  shall  be  only 
entitled  to  withdraw  and  receive  as  much  of  the  deposit  as  may  re- 
main unexpended  after  the  provisions  of  this  section,  relative  to  the 
use  of  said  money  for  the  removal  of  dirt,  rubbish  or  building  mate- 
rial, as  the  case  may  be,  have  been  carried  into  effect.  ( Brook  1. 
Ords.  8.) 

4.  Restrictions,    a.  In  placing  building  materials  in  a  street,  the 
material  shall  be  so  placed  as  to  occupy  not  more  than  one-third  of 
the  width  of  the  carriageway  of  the  street.    In  a  street  upon  which 
there  is  a  railroad,  materials  shall  not  be  placed  nearer  to  the  track 
than  2  feet.    (C.  O.,  §211.) 

b.  In  no  case  shall  building  material  be  placed  upon,  nor  shall 
mortar,  cement  or  other  material  be  mixed  upon  the  pavement  of  a 
street  paved  with  asphalt,  asphalt  block  or  wood,  except  under  a 
permit  issued  by  the  borough  president  having  jurisdiction,  which 
shall  contain  a  provision  that  such  pavement  shall  be  protected  by 
first  laying  planks  thereon.  Borough  presidents,  or  other  officeis 
issuing  permits  to  builders  to  use  the  streets,  shall  insert  in  each 
such  permit  a  clause  requiring  compliance  with  this  provision. 
(C.  O.,  §  270.) 

5.  Unauthorized  obstructions.    Whenever  any  wood,  timber,  stone, 
iron  or  other  building  material  has  been  or  shall  be  put  or  placed  in 
or  upon  any  street,  without  a  permit,  the  borough  president  having 
jurisdiction  shall  forthwith  cause  the  same  to  be  taken  up  and  re- 
moved.   (C.  O.,  §  146.) 

Placing  building  materials  in  the  street,  while  lawful,  is  subject  to  control  of  au- 
thorities. Rehberg  v.  Moyer,  91  N.  Y.  137. 

§  143.  Earth,  rocks  and  rubbish. — In  all  cases  where  the  sidewalk 
or  roadway  of  a  street  shall  be  encumbered  or  obstructed  by  the 
caving  in  or  falling  off  of  any  earth,  rocks,  rubbish  or  anything 
whatever,  from  any  lot  adjoining  such  sidewalk  or  carriageway,  the 
owner,  or  occupant  of  such  lot  shall  cause  such  earth,  rocks,  rubbish 
or  other  thing  to  be  removed  and  cleaned  from  such  sidewalk  or 
carriageway,  within  3  days  after  a  written  or  printed  notice  shall  have 
been  served  by  the  borough  president,  or  other  person  in  his  name,  on 
such  owner,  personally,  or  shall  have  been  left  at  the  place  of  res- 
idence of  such  owner,  in  this  city;  or,  if  such  owner  does  not  reside  in 
the  city,  and  such  notice  shall  not  be  personally  served,  then,  within 
20  days  sifter  such  notice  be  sent  by  mail,  addressed  to  such  owner  at 
his  place  of  residence,  or,  when  such  residence  is  unknown  to  the  said 


516         CODE    OF   ORDINANCES   OF   THE   CITY   OF   NEW    YORK 

borough  president,  posted  in  a  conspicuous  place  on  said  premises. 
If  the  owner,  occupant  or  agent  does  not  comply  with  such  notice, 
within  the  time  specified  in  this  section,  after  notice  thereof,  the 
borough  president  having  jurisdiction  shall  cause  the  same  to  be 
removed  at  the  expense  of  the  owner,  occupant  or  agent,  and  such 
expense  shall  be  sued  for  and  recovered  in  the  name  of  the  city.  The 
corporation  counsel  shall  cause  a  statement  of  such  cost  and  ex- 
pense, together  with  the  description  of  the  premises,  to  be  filed  in  the 
office  of  the  county  clerk  of  the  appropriate  county.  (Brookl.  Ords., 
§§  11,  12.) 

§  144.  House  moving. — No  person  shall  remove,  or  cause  or  permit 
to  be  removed,  or  aid  or  assist  in  removing,  any  building  or  structure 
into,  along  or  across  any  street  or  public  place,  without  permission  of 
the  president  of  the  borough  having  jurisdiction;  under  the  penalty 
of  $250  for  each  offense.  Each  borough  president  is  authorized  to 
grant  permits  for  moving  buildings  through  and  across  public  high- 
ways, taking  in  each  case  a  proper  bond  to  secure  the  city  against 
loss  or  damage  incident  to  said  moving.  The  applicant  for  a  permit 
to  move  a  building  on  or  across  a  street,  where  there  are  car  tracks  or 
overhead  wire  construction,  must  obtain  and  file  with  the  applica- 
tion the  consent  of  the  company  affected.  (C.  O.,  §  269.) 

§  145.  Posts  and  poles.  1.  General  provisions. — No  post  or  pole 
shall  be  erected  or  put  up  in  any  street,  unless  under  a  permit  of  the 
president  of  the  borough  having  jurisdiction.  (C.  O.,  §  220.) 

2.  Barber  poles.   Barber  poles  not  exceeding  8  feet  in  height,  above 
the  sidewalk  level  and  other  emblematic  signs  may  be  placed  within 
the  stoop-lines,  or  fastened  to  the  railing  of  any  stoop,  under  the 
same  conditions  as  to  dimensions,  consent,  etc.,  as  hereinafter  pro- 
vided in  the  section  relating  to  show-cases.    (C.  O.,  §  263,  in  part.) 

3.  Ornamental   lamp-posts.     Ornamental  posts,   surmounted  by 
lamps,  may  be  erected  within  stoop  lines  on  sidewalks,  near  the 
curb,  in  front  of  hotels,  churches,  theatres,  railroad  stations,  and 
places  of  business,  apartment  houses  and  places  of  public  assemblage, 
in  any  street  or  public  place.    No  such  post  shall  exceed  in  dimensions 
at  the  base  more  than  18  inches  in  diameter,  if  circular  in  form,  and. 
if  upon  a  square  base,  no  side  thereof  shall  exceed  18  inches;  provided 
that  one  of  the  lamps,  to  be  installed  and  maintained  on  each  of 
the  lamp-posts  to  be  erected,  shall  be  lighted  and  remain  lighted 
every  night,  during  the  hours  prescribed  for  public  street  lamps. 
The  work  to  be  done  and  illuminant  supplied  shall  be  at  the  expense 
of  the  person  maintaining  such  posts  and  lamps. 

Adopted  October  23,  1917.    Became  effective  November  13,  1917. 

§  146.  Removal  of  abandoned  poles. — All  telegraph,  telephone,  and 
electric  light  poles,  wires  or  conductors  which,  at  the  time  of  the 
passage  of  this  ordinance,  shall  have  been  standing  for  3  months 
prior  thereto,  disused  or  abandoned,  or  which  shall  hereafter  remain 
or  stand  disused,  or  become  disused  or  abandoned,  in,  over  or  upon 
any  street  or  public  place,  shall  be  forthwith  removed,  but  for  suffi- 
cient cause  shown  the  borough  president  having  jurisdiction  may  by 
one  or  more  orders  extend  the  time  for  such  removal  for  periods  not 
exceeding  one  year  each.  The  persons  owning,  operating,  managing 
or  controlling  poles,  wires  or  appurtenances  which  may  have  been  so 
disused  or  abandoaed  or  which  may  be  dangerous  or  unsafe,  shall 


STREETS  517 

take  down  and  remove  them,  and  upon  their  failure  to  do  so  the 
president  of  the  borough  having  jurisdiction  shall  remove  the  same 
forthwith  at  the  expense  of  such  persons.  Before  such  removal  the 
borough  president,  except  in  cases  where  a  condition  of  danger  exists, 
shall  mail  a  notice  thereof  to  the  last  known  address  of  such  persons, 
a  copy  of  which  shaH  be  posted  for  a  period  of  10  days  on  each  of  such 
poles  prior  to  its  removal.  (Arverne  Ords.  rev.  and  made  general.) 
§  147.  Show-cases. — Show-cases  may  be  placed  in  areas,  or  on  the 
sidewalk  within  the  stoop-line  in  front  of  any  building,  by  or  with 
the  consent  of  the  occupant  of  the  ground  "floor  thereof,  but  not 
beyond  5  feet  from  the  house  line  or  wall  of  any  building  where  the 
stoop-line  extends  further,  except  on  streets  where  the  stoop-lines 
have  been  abolished  by  the  board  of  estimate;  but  no  such  show-case 
shall  be  more  than  5  feet  in  height,  above  the  sidewalk  level,  3  feet 
in  length,  and  2  feet  in  width,  nor  shall  it  be  so  placed  as  to  interfere 
with  the  free  access  to  the  adjoining  premises.  All  such  show-cases 
shall  be  freely  movable.  (C.  O.,  §  263.) 

These  were  originally  authorized  by  prd.  March  30,  1886,  sec.  2,  as  amend,  by 
res.  app.  June  22,  1895.  Show-cases  maintained  without  permission  are  a  nuisance. 
Wells  v.  Brooklyn,  9  App.  Div.  61.  They  cannot  be  allowed  six  feet  from  the 
stoop-line.  People  ex  rel.  Le  Boutillier  v.  New  York  Daily  Reg.,  April  23,  1884. 
Their  removal  by  the  authorities  may  be  compelled  by  mandamus.  People  ex  rel. 
Bentley  v.  Mayor,  18  Abb.  N.  C.  123;  People  ex  rel.  O'Reilly  v.  Mayor,  etc.,  of 
N.  Y.,  59  How.  Pr.  277.  Injunction  has  also  been  granted.  Hallock  v.  Schrever, 
33  Hun,  111;  Ely  v.  Campbell,  59  How.  Pr.  333. 

§  148.  Hoistways. — Hoistways  may  be  placed  within  5  feet  of  the 
building  line,  and  shall  be  provided  with  approved  trap  doors  and, 
when  not  in  actual  use,  guarded  by  iron  railings  or  rods  to  prevent 
accidents  to  passersby.  (C.  O.,  §  263,  as  amend,  by  ord.  effective 
Dec.  28,  1915.) 

That  hoistways  should  be  inclosed  and  guarded  by  a  railing  is  reasonable.  Mayor 
v.  Williams,  15  N.  Y.  502.  See  cases  cited  under  §  140  for  obstructions. 

§  149.  Stands  within  stoop-lines  and  under  elevated  railroad  sta- 
tions. 1.  General  provisions. — No  person  shall  have  or  use  any 
bootblack  stand  outside  of  any  building,  and  there  shall  be  no  booth 
or  stand  erected  or  maintained  within  the  stoop-lines  of  any  building, 
or  under  the  stairs  of  the  elevated  railroad  stations,  without  first 
procuring  a  license  therefor,  as  hereinafter  provided.  (C.  O.,  §  361.) 

2.  Licenses.  Stands  within  stoop-lines  may  be  permitted  and 
licensed  with  the  consent  of  the  owner  of  the  abutting  premises,  for 
the  sale  of  newspapers,  periodicals,  fruits,  soda  water,  cigars,  cigar- 
ettes, tobacco,  candies,  confectionery  articles  and  the  blacking  of 
boots,  but  sucn  licenses  for  the  sale  of  soda  water,  cigars,  cigarettes, 
tobacco,  candies  and  confectionery  articles  shall  be  limited  to  stand 
licenses  and  locations  thereof  in  effect  on  May  18,  1916.  All  licenses 
for  such  stands  shall  be  granted  and  issued  by  the  Commissioner  of 
Licenses.  Any  person  desiring  to  erect  a  stand  or  booth  for  the  sale 
of  newspapers  and  periodicals,  underneath  the  stairs  of  any  of  the 
elevated  railroad  stations,  shall  file  an  application  in  the  Depart- 
ment of  Licenses,  in  which  the  applicant  shall  specify  the  location 
for  such  stand. 

Applicants  for  new  licenses  shall  be  divided  into  four  grades: 

(a)  Persons  physically  handicapped  who  have  been  honorably 
discharged  from  the  United  States  Military  or  Naval  Services; 


518         CODE    OF   ORDINANCES   OF   THE    CITY    OF   NEW    YORK 

(b)  Other  persons  who  are  physically  handicapped; 

(c)  Deserving  widows  of  licensees; 

(d)  Persons  not  falling  within  grades  a,  b  or  c. 

No  license  shall  be  granted  to  any  persons  in  grades  b,  c  or  d, 
unless  all  applications  then  pending  of  applicants  in  prior  grades 
shall  have  first  been  disposed  of.  The  commissioner  shall  require 
proof  by  certificate  or  otherwise  of  any  fact  claimed  to  entitle  ap- 
plicant to  preferred  grade.  The  grade  of  the  licensee  shall  appear 
upon  the  license.  This  sub  paragraph  shall  not  apply  to  the  re- 
newal of  a  then  existing  license  to  the  same  licensee. 

If  the  holder  of  a  license  issued  under  the  provisions  of  this  section 
shall  die,  and  leave  behind  a  widow  or  other  family  dependent  the 
license  for  such  stand  shall  continue  in  full  force  and  effect  for  their 
benefit  until  its  expiration,  and  such  widow  or  other  family  depend- 
ent, as  the  case  may  be,  shall  be  given  preference  in  a  renewal  of 
the  same. 

Adopted  December  28,  1920;  Approved  January  6,  1921. 

3.  Conditions.    Every  license  granted  pursuant  to  this  section  for 
a  stand  under  the  stairs  of  an  elevated  railway  station  shall  contain 
the  following  reservation:  "It  is  expressly  agreed  and  understood 
that  this  permit  is  given  subject  to  the  right  of  the  elevated  railway 
company  affected,  its  agents,  employees,  successors  or  assigns,  or  the 
owner  of  said  stairway,  at  any  time  properly  to  inspect,  paint,  repair, 
renew,  reconstruct  or  remove  said  stairway,  or  any  portion  thereof, 
and  without  claim  on  the  part  of  said  licensee,  as  against  said  com- 
pany, its  agents,  employees,  successors  or  assigns,  or  the  owner  of 
said  stairway,  for  damages  to  or  interference  with   said  booth  or 
stand,  or  the  business  therein  conducted,  occasioned  by  such  in- 
spection,  painting,   repair,   renewal,   reconstruction  or  removal." 
(C.  O.,  §  366.) 

4.  License  fees;  term.     The  annual  license  fee  (or  a  stand  under 
the  stairs  of  an  elevated  railway  station  shall  be  $10.    All  stands 
within  the  stoop  line  shall  be  classified  and  the  annual  license  fee 
therefor  shall  be  fixed  and  collected  as  specified  in  the  schedule 
following: 

(a)  Stands  for  the  sale  of  newspapers,  periodicals,  or  both,  $5; 

(b)  Stands  for  the  sale  of  fruits  or  soda  water,  or  both,  $10; 

(c)  Stands  for  the  sale  of  cigars,  or  cigarettes,  or  tobacco,  or  the 
three,  $5; 

(d)  Stands  for  the  sale  of  candies  or  confectionery  articles,  or  both, 
$5; 

(e)  Boot  black  stands,  each  chair,  $5. 

A  license  may  be  issued,  in  accordance  with  the  foregoing  provi- 
sions of  this  section,  and  in  the  discretion  of_  the  commissioner, 
covering  the  sale  of  any  combination  of  the  classes  of  goods  men- 
tioned above,  to  be  sold,  however,  from  only  one  stand  not  ex- 
ceeding the  legal  size  hereinafter  prescribed  in  this  section;  except 
that  where  boot  black  chairs  are  included  in  the  combination  the 
space  hereinafter  prescribed  for  boot  black  chairs  may  be  allowed 
in  addition  to  the  stand  for  the  sale  of  other  articles.  The  fees  to 
be  paid  for  such  combination  licenses  shall  be  calculated  in  ac- 
cordance with  the  above  schedule  for  each  kind  of  article  permitted 
to  be  sold,  or  for  each  boot  black  chair  to  be  operated. 


STREETS  519 

No  license  shall  be  required  for  stands  within  stoop  lines  for  the 
sale  of  newspapers,  periodicals,  or  both,  in  cases  where  such  stands 
are  conducted  by  dealers  who  are  the  owners  or  occupants  of  the 
premises  or  stores  in  front  of  which  the  same  are  situated.  Licenses 
for  stands  within  stoop  lines  or  under  the  stairs  of  any  elevated 
railway  station  shall  be  issued  as  of  December  1  and  shall  expire 
on  the  30th  day  of  November  next  succeeding  the  date  of  issuance 
thereof. 

No  fee,  however,  shall  be  charged  an  applicant  for  a  license  here- 
under,  for  any  kind  of  stand  whatever,  and  preference  shall  bo 
given  at  all  times  in  the  case  of  stands  under  stairs  of  an  elevated 
railway  to  one  who  is  a  disabled  veteran  of  any  war  in  which  the 
United  States  was  or  is  engaged  (having  served  under  the  American 
colors),  satisfactory  evidence  thereof  having  been  presented  to  the 
commissioner. 

Adopted  July  16,  1918.    Approved  July  26,  1918. 

5.  Construction  of  stand  or  booth.    No  stand  or  booth  under  the 
stairs  of  an  elevated  railway  station  and  no  projection  therefrom, 
shall  be  erected  that  is  wider  than  the  width  of  the  stairs  under  which 
it  is  placed,  nor  that  extends  along  the  sidewalk  a  greater  distance 
than  to  a  point  where  the  under  surface  of  the  stairs  is  not  over  7  feet 
from  the  level  of  the  sidewalk.     The  stand  shall  be  constructed, 
erected  and  maintained  at  the  expense  of  the  applicant,  under  the 
direction  of  the  president  of  the  borough  in  which  it  is  located,  and 
upon  plans  to  be  approved  by  the  chief  engineer  of  the  elevated 
railroad  company  affected,  so  as  to  permit  of  a  ready  removal  of  so 
much  thereof  as  may  be  necessary  to  enable  the  said  company,  its 
agents  or  employees,  to  get  convenient  access  to  any  part  of  the 
stairways,  for  the  purpose  of  inspecting,  painting  or  repairing  the 
same.    Each  such  stand  shall  be  painted  the  same  color  as  the  stairs 
of  the  elevated  railroad,  and  no  advertisement  shall  be  painted  or 
displayed  thereon.    (C.  O.,  §  365,  amend.  March  14,  1914.) 

6.  Restrictions: 

(a)  Every  stand,  other  than  a  stand  or  booth  under  the  stairs  of  an 
elevated  railway  station,  must  be  strictly  within  the  stoop-line,  and 
shall  not  be  an  obstruction  to  the  free  use  of  the  sidewalk  by  the 
public.    It  shall  not  exceed  the  space  of  10  feet  long  by  4  feet  wide; 
except  that,  in  the  case  of  bootblack  stands,  a  space  not  more  than 
3  feet  wide  and  4  feet  long  may  be  occupied  by  each  chair  of  the 
stand.    The  enforcement  of  the  provisions  of  this  paragraph  is  hereby 
suspended  until  October  1,  1915,  in  the  case  of  stands  erected  and 
maintained  prior  to  March  14,  1914,  where  the  restriction  of  the 
dimensions  of  the  stands  would,  in  the  opinion  of  the  commissioner, 
entail  a  severe  burden  on  the  owners  thereof,  but  this  provision  shall 
not  be  construed  to  permit  the  erection  of  any  new  stand  of  dimen- 
sions exceeding  those  hereinbefore  specified; 

(b)  No  person  shall  be  permitted  to  sleep  in  any  portion  of  a  stand; 
nor  to  hold  more  than  one  license; 

(c)  No  bootblack  stand  shall  be  provided  with  more  than  3  chairs. 
(C.  O.,  §  364.) 

7.  Licenses  to  be  displayed.    The  license  for  a  stand  or  booth,  issued 
under  any  provision  of  this  section,  must  be  displayed  thereon,  so 
as  to  be  easily  visible  at  all  times. 


520  CODE   OF  ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

8.  Licenses  not  transferable.    No  license  issued  under  any  provision 
of  this  section  shall  be  transferable,  with  or  without  consideration. 
Any  license  transferred  to  another  person  shall  immediately  there- 
upon cease  and  determine,  and  the  privileges  thereunder  come  to  an 
end;  provided  that  the  commissioner  of  licenses  may  transfer  a 
license  to  another  location  for  the  period  of  its  unexpired  term,  in 
case  the  application  for  such  transfer  shall  be  accompanied  by  the 
consent  of  the  owner  of  the  premises  to  which  the  proposed  transfer 
is  to  be  made;  and  provided  further,  that  such  transfer  is  not  sought 
for  a  license  to  sell  articles  other  than  newspapers,  periodicals,  and 
fruit  at  a  location  which  Was  not  duly  licensed  and  in  effect  on 
May  18,  1916,  but  shall  be  in  accordance  with  the  provisions  of  sub- 
division 2  of  this  section.    Any  person  who  shall  be  guilty  of  a  viola- 
tion of  the  provisions  of  this  subdivision  shall  not  thereafter  be 
granted  a  license,  permit  or  other  privilege  to  keep  a  stand  within 
the  stoop-line  or  under  an  elevated  railroad  station,  for  the  sale  of 
any  of  the  articles  as  hereinbefore  provided  in  subdivisions  2  and  4 
of  this  section,  nor  for  the  blacking  of  boots.    Further,  any  person 
found  guilty  of  violating  any  provisions  of  this  subdivision,  by  a 
court  of  competent  jurisdiction,  shall  be  subject  to  a  fine  of  not  less 
than  $50  nor  more  than  $500.    The  commissioner  of  licenses  shall 
have  the  language  of  this  subdivision  printed  in  bold  type  on  all 
applications  for  licenses  and  on  all  licenses  granted,  under  the  pro- 
visions of  this  article. 

Stands  duly  licensed  for  the  sale  of  fruits  and  soda  water  on 
May  18,  1916,  shall  not  be  required  to  obtain  any  new  license  to  sell 
cigars,  cigarettes,  tobacco,  candies  and  confectionery  articles  until 
the  expiration  of  the  license  in  force  on  that  date.  (Ord.  App. 
July  13,  1916.) 

9.  Revocation  of  consent  of  property  owner.    Upon  the  written  rev- 
ocation by  the  owner,  in  front  of  or  adjoining  whose  property  any 
such  booth  or  stand  shall  have  been  erected,  of  any  consent  that  shall 
have  been  given  therefor,  signed  by  such  owner  or  owners  and  filed 
in  the  office  of  the  commissioner  of  licenses,  the  commissioner  shall 
revoke  the  license  or  permit  for  such  booth  or  stand,  and  the  same 
shall  thereupon  cease,  determine  and  become  null  and  void.    (C.  O., 
§  372.) 

10.  Report  to  police  department.     The  commissioner  of  licenses 
shall  furnish  the  police  commissioner  with  a  list  of  all  unexpired 
licenses  issued  under  any  provision  of  this  section,  containing  the 
names  of  all  persons  to  whom  licenses  have  been  issued,  the  place 
and  business  for  which  issued  and  the  date  of  the  expiration  of  each 
license.    Thereafter,  during  the  first  week  of  each  month,  the  police 
commissioner  shall  send  to  each  police  precinct  commander  a  list 
of  all  such  licenses  issued  in  his  precinct,  which  shall  contain  the 
name  of  each  licensee,  the  location  of  his  stand  or  business  and  the 
date  of  the  expiration  of  his  license,  and  also  a  list  of  all  licenses  ex- 
piring during  the  month  for  which  the  report  is  sent.    (C.  O.,  §  371.) 

Section  50  of  the  Greater  New  York  Charter,  L.  1901,  ch.  466,  provides  as  fol- 
lows: "The  Board  of  Aldermen  shall  not  have  power  to  authorize  the  placing  or 
continuing  of  any  encroachments  or  obstruction  upon  any  street  or  sidewalk,  except 
the  temporary  occupation  thereof  during  the  erection  or  repairing  of  a  building  on  a 
lot  opposite  the  same,  nor  shall  they  permit  the  erection  of  booths  and  stands  within 
stoop-lines,  except  for  the  sale -of  newspapers,  periodicals,  fruit  and  soda-water. 


STREETS  521 

and  with  the  consent  in  such  cases  of  the  owner  of  the  premises."  It  then  provided 
no  speciaj  ordinances  should  be  passed,  but  that  all  ordinances  should  be  general. 
Stands  within  the  stoop-lines  were  first  authorized  by  ch.  418,  Laws  1887,  and  ch. 
115,  Laws  1888,  for  the  sale  of  newspapers,  periodicals,  fruit  and  soda-water. 
These  acts  amended  subdivision  3  of  section  86  of  the  Consolidation  Act.  L.  1882, 
ch.  410.  By  ch.  718  of  Laws  1896,  this  was  further  amended  so  as  to  include  boot- 
blacks. The  original  charter  of  1897  (sec.  49),  omitted  bootblack-stands  among 
those  allowed,  and  by  the  revision  of  1901  (supra),  bootblack  stands  were  further 
omitted  from  the  list  of  stands  permitted. 

The  charter  therefore  omitted  the  old  provisions  of  the  Consolidation  Act,  as 
amended  in  1896,  which  authorized  bootblack  stands,  but  held,  in  People  ex  rel. 
Pumpkyansky  v.  Keating,  168  N.  Y.  390,  such  omission  was  not  a  repeal. 

The  Common  Council  may  authorize  stands  within  the  stoop-line,  People  ex  rel. 
Weeks  v.  New  York,  1  N.  Y.  Supp.  95;  and  around  the  public  markets.  Ely  v. 
Campbell,  59  How.  Pr.  333.  The  right  of  the  public  to  the  use  of  the  highway 
from  "side  to  side  and  end  to  end"  is  well  established  from  the  earliest  reported 
cases  under  the  common  law  to  the  present  time,  and  while  this  right  of  the  public 
is  preserved  by  section  50  in  general,  still  stands  may  be  lawfully  permitted  within 
the  limits  prescribed.  People  v.  Keating,  supra.  The  legislature,  by  virtue  of  its 
general  control  over  streets  and  highways,  has  the  power  to  authorize  structures 
in  the  streets  for  the  convenience  of  business  that  otherwise  and  under  the  common 
law  would  be  held  to  be  encroachments  and  obstructions.  This  power  it  may  dele- 
gate to  the  governing  body  in  a  municipal  corporation.  Hoey  v.  Gilroy,  129  N.  Y. 
132.  It  is  essential  that  the  owner  of  adjoining  premises  should  consent,  as  other- 
wise the  stand  would  be  a  nuisance  as  to  him.  Newstands;  See  People  v.  Buck, 
193  App.  Div.  262. 

See  authorities  cited  under  §  140  as  to  obstructions. 

§  150.  Storm-doors. — Storm-doors  not  exceeding  10  feet  in  height, 
nor  more  than  2  feet  wider  than  the  doorway  or  entrance  of  any 
building,  may  be  temporarily  erected  within  the  stoop-lines;  pro- 
viding a  permit  therefor  shall  have  been  obtained  from  the  borough 
president  having  jurisdiction;  but  in  no  case  shall  any  storm-door 
extend  more  than  6  feet  outside  the  house-line.  No  structure  under 
the  name  of  "storm-door"  shall  be  lawful  which  shall  practically 
be  an  extension  of  the  building  front  or  house  front  within  the  stoop- 
line,  or  an  enlargement  of  the  ground  floor  of  any  premises.  (C.O., 
§263.) 

As  to  storm-doors,  see  Kiernan  v.  Newton,  20  Abb.  N.  C.  398.  In  an  applica- 
tion for  an  injunction  to  restrain  the  public  authorities  from  tearing  down  a  storm- 
door,  the  burden  is  on  plaintiff  to  show  he  is  there  lawfully.  Kirkpatrick  v.  City 
of  New  York,  Amend,  J.,  N.  Y.  Law  Journal,  Dec.  3,  1903. 

§151.  Removal  of  obstructions  and  incumbrances.  1.  Jurisdiction. — 
Except  as  otherwise  specifically  provided  in  this  chapter,  each 
borough  president  is  empowered  to  direct  the  removal  of  any  article 
or  thing  whatsoever  which  may  incumber  or  obstruct  any  street 
or  public  place  within  his  jurisdiction.  (C.  O.,  §  Q4,  revised.) 

See  sec.  383  of  the  Greater  New  York  Charter,  subdivision  6,  where  the  President 
of  the  Borough  is  given  "cognizance  and  control  ...  6.  Of  the  removal  of  in- 
rumbrances,"  and  sec.  50  of  the  Charter,  where  the  Board  of  Aldermen  is  given 
"power  ...  to  prevent  encroachments  upon  and  obstructions  to  the  streets  and 
to  authorize  and  require  their  removal  by  the  proper  officers."  This  work  for  many 
years  ha.s  been  under  the  immediate  direction  of  the  "Bureau  of  Incumbrances." 
Thin  name  is  kept  in  use  for  convenience.  The  Revised  Ordinances  of  1880,  under 
ehapt  er  (>,  use  it  as  the  heading  for  article  IV,  which  includes  the  various  ordinances 
forbidding  incumbering  the  streets.  In  the  City  Ordinances  of  1859,  where  the 
eight  bureaux  of  the  Street  Department  are  explicitly  enumerated  and  defined 
(sec.  2,  art.  1,  chap.  IV),  no  mention  is  made  of  a  "Bureau  of  Incumbrances," 
although  the  department  is  given  cognizance  of  "the  removing  incumbranoes  for 
streets,  roads,  places,  wharves,  piers  and  slips."  (Id.,  sec.  1.)  The  Bureau  was 
explicitly  authorized  by  the  Consolidation  Act  (chap.  410,  L.  1882,  sec.  317,  subdiv. 
K).  The  powers  given  him  as  above  are  very  great.  The  Charter  gives  the  Street 
Cleaning  Commissioner  (sec.  545)  power  to  remove  certain  movable  property  found 
in  the  streets.  The  terms  of  this  section  (545)  and  of  547  are  so  broad  as  to  he 
somewhat  confusing,  for  they  apparently  give  the  Street  Cleaning  Commissioner 


522        CODE   OF   ORDINANCES   OP  THE  CITY   OF    NEW  YORK 

power  to  remove  all  "incumbrances,"  although  intended,  however,  to  be  limited  to 
those  relating  to  cleaning  the  streets.  Where  an  officer  fails  to  remove  incumbrances 
mandamus  lies  to  compel  him.  See  notes,  sec.  140. 

2.  Corporation  yards. 
Manhattan: 

(a)  (Repealed  by  ord.  app.  July  20,  1916.) 

(b)  So  much  of  the  space  under  the  Manhattan  bridge,  between 
Madison  and  Monroe  sts.,  in  the  borough  of  Manhattan,  is  desig- 
nated as  a  corporation  yard  for  use  by  the  president  of  the  said 
borough. 

The  jurisdiction  over  the  corporation  yards,  except  such  as  are 
or  shall  be  established  by  the  commissioner  of  street  cleaning,  is 
vested  in  the  respective  borough  presidents. 

3.  Redemption  of  articles  removed.    Except  as  otherwise  provided 
in  this  article,  all  articles  removed  from  a  street  or  public  place 
under  this  section,  may  be  redeemed  by  the  owner  upon  his  paying 
to  the  borough  president,  for  the  use  of  the  city,  the  necessary  ex- 
penses of  removal,  together  with  6  cents  per  day  for  each  cart-load 
thereof  during  the  time  it  shall  remain  unclaimed. 

4.  Reimbursement  for  expenses  of  removal.    Each  borough  president 
shall,  between  the  1st  and  10th  days  of  February,  May,  August 
and  November,  and  at  any  other  time  he  may  designate,  in  each 
year,  advertise  and  sell,  at  public  auction,  all  such  articles  so  re- 
moved as  shall  have  been  in  the  public  yard,  or  other  suitable  place, 
one  month  prior  to  the  time  of  advertising;  and  he  shall,  immediately, 
after  such  sale,  account  for  and  pay  the  proceeds  thereof  into  the 
city  treasury. 

5.  Records  and  accounts.    Each  borough  president  shall  enter  in  a 
book  to  be  provided  for  that  purpose,  a  list  of  all  articles  removed, 
under  the  authority  of  this  section,  with  the  time  of  removal  and 
the  expenses  thereof;  and,  when  any  of  the  same  shall  be  redeemed 
he  shall  likewise  enter  therein  the  name  of  the  person  redeeming 
the  same  and  the  amount  received  therefor,  and  shall  render  a  cer- 
tified account  thereof  to  the  comptroller  on  Thursday  of  each  week, 
and  shall  thereupon  pay  over  the  amount  so  received  to  the  cham- 
berlain.    He  shall  also  thereupon  receive  from  the  chamberlain 
duplicate  vouchers  for  the  payment  thereof,  one  of  which  he  shall, 
on  the  same  day,  file  in  the  office  of  the  comptroller. 

§  152.  Vehicles,  merchandise  and  other  movable  property.  1.  Must 
not  be  left  in  street. — No  person  being  the  owner  or  the  agent,  or  the 
employee  of  the  owner  of  any  truck,  cart,  wagon  or  other  vehicles, 
or  of  any  box,  barrel,  bale  of  merchandise,  or  other  movable  property, 
shall  leave,  or  suffer  or  permit  to  be  left  such  vehicle,  merchandise 
or  other  movable  property  upon  any  public  street,  except  upon 
such  portion  of  any  marginal  street  or  wharf  or  place  as,  by  the  pro- 
visions of  the  charter,  is  committed  to  the  custody  and  control  of 
the  commissioner  of  docks,  nor  shall  any  person  erect  or  cause  to  be 
erected  any  shed,  building  or  other  obstruction  upon  any  street. 
In  case  of  an  accident  to  a  truck,  cart,  wagon  or  other  vehicle,  the 
owner  or  driver  thereof,  if  it  be  disabled  by  such  accident,  shall  be 
allowed  a  reasonable  time,  not  exceeding  3  hours,  to  remove  it. 

2.  Removal  of  such  obstructions.  The  commissioner  of  street  clean- 
ing shall  remove,  or  cause  to  be  removed,  all  unharnessed  trucks, 


STREETS  523 

carts,  wagons  and  vehicles  of  any  description,  found  in  any  public 
street  or  public  place,  and  also  all  boxes,  barrels,  bales  of  merchandise 
and  other  movable  property  found  upon  any  public  street,  or  place, 
not  including,  however,  any  portion  of  marginal  street,  or  place,  or 
wharf  which,  by  the  provision  of  any  law  or  statute,  is  committed  to 
the  custody  and  control  of  the  commissioner  of  docks.  The  com- 
missioner of  street  cleaning  is  hereby  authorized,  with  the  consent 
and  approval  of  the  board  of  sinking  fund  commissioners,  to  lease  a 
suitable  yard  or  yards  to  which  trucks,  carts,  wagons  and  vehicles, 
boxes,  bales,  barrels  and  other  things,  removed  under  the  authority 
of  this  section,  shall  be  taken.  (Charter  545.) 

3.  Reimbursement  for  expenses  of  removal.  The  street  cleaning 
commissioner  shall,  from  time  to  time,  as  often  as  he  shall  deem 
necessary,  sell,  or  cause  to  be  sold,  as  hereinafter  provided  at  public 
auction,  at  such  yard  or  yards,  the  said  trucks,  carts,  wagons, 
vehicles,  boxes,  barrels  and  other  things  so  removed.  Whenever  the 
commissioner  or  deputy  commissioner  shall  have  removed  or  caused 
to  be  removed  any  such  trucks,  carts,  wagons  vehicles,  boxes,  bar- 
rels, bales  or  other  things,  and  shall  deem  it  necessary  to  sell  them, 
and  before  making  the  sale  thereof,  he  shall  file  with  a  justice  of  the 
municipal  court  of  the  city,  a  written  petition,  verified  by  oath, 
setting  forth  the  facts  which  bring  the  case  within  this  section, 
together  with  a  brief  description  of  each  of  the  trucks,  carts,  wagons, 
vehicles,  boxes,  barrels  or  other  things  so  removed  in  his  custody  and 
possession  as  street  cleaning  commissioner  at  the  time  of  filing  such 
petition,  stating  either  the  name  of  the  owner  or  that  his  name  is  not 
known  to  the  petitioner,  and  cannot  be  ascertained  with  reasonable 
diligence,  and  praying  for  a  final  order,  directing  the  sale  of  the  prop- 
erty so  seized  or  removed,  and  the  application  of  the  proceeds 
thereof,  as  herein  prescribed.  Upon  the  presentation  of  the  petition 
the  justice  must  issue  a  precept  under  his  hand,  directed  to  the  per- 
sons whose  names  appear  in  the  petition  as  owners,  if  stated  in  the 
petition,  or  if  not  stated,  directed  generally  to  all  persons  having  any 
interest  in  the  property  so  seized  and  removed,  and  briefly  reciting  in 
substance  the  other  facts  stated  in  the  petition  and  requiring  the 
person  or  persons  to  whom  the  precept  is  directed  to  show  cause 
before  a  justice  of  the  said  court  at  a  time  and  place  specified  therein, 
not  less  than  10  nor  more  than  20  days  after  the  issuing  of  the  pre- 
cept, why  the  prayer  of  the  petition  should  not  be  granted.  The 
precept  shall  be  served  by  posting  a  copy  thereof  in  at  least  two  pub- 
lic and  conspicuous  places  in  the  city,  one  of  which  shall  be  the  office 
of  the  said  commissioner  of  street  cleaning,  and  the  second  of  which 
shall  be  the  yard  to  which  the  property  shall  have  been  removed,  and 
a  copy  of  which  precept  shall  be  so  posted  within  3  days  after  the 
precept  shall  have  been  issued.  A  brief  abstract  of  the  precept  shall 
be  published  in  the  City  Record  and  corporation  newspapers  within 
5  days  after  the  issue,  and  not  later  than  3  days  before  the  return 
day  mentioned  in  the  precept.  At  the  time  and  place  when  the  pre- 
cept is  returnable,  the  commissioner  must  furnish  proof  of  the  service 
of  said  precept  as  herein  prescribed  and  any  person  named  in  the 
petition  and  precept  or  otherwise,  having  an  interest  in  the  property 
seized,  may  appear  on  the  return  day  of  the  precept  and  make  him- 
self a  party  to  the  proceeding  by  filing  a  written  answer,  subscribed 


524  CODE   OF   ORDINANCES   OF   THE   CITY   OF   NEW  YORK 

by  him  or  his  attorney  and  verified  by  the  oath  of  the  person  sub- 
scribing it,  denying  absolutely,  or  upon  information  and  belief,  one  or 
more  material  allegations  in  the  petition,  and  setting  forth  his  interest 
in  the  property  seized.  The  subsequent  proceedings  before  the 
justice  shall  be  the  same  as  in  an  action  in  the  municipal  court  where 
an  issue  of  fact  has  been  joined,  and,  if  the  decision  of  the  justice  is  in 
favor  of  the  petitioner,  the  justice  must  make  a  final  order,  the  same 
as  though  no  appearance  or  trial  were  had,  except  to  recite  the 
appearance  and  trial  before  him.  If  no  person  appears  and  answers, 
the  justice  shall  make  a  final  order  directed  to  the  commissioner  of 
street  cleaning,  commanding  him  to  sell  at  public  auction  all  of  the 
property  seized  and  described  in  the  petition,  at  the  yard  to  which 
said  property  was  removed,  for  the  best  price  which  he  can  obtain 
therefor.  Before  making  any  such  sale,  the  said  commissioner  or 
deputy  commissioner  shall  give  public  notice  in  the  City  Record  and 
corporation  papers,  as  by  this  act  prescribed,  not  later  than  3  days 
before  the  day  of  such  sale,  and  such  notice  of  sale  shall  specify  the 
time  and  place  of  such  sale,  and  shall  contain  a  general  description  of 
the  property  to  be  sold,  but  no  particular  description  of  any  article 
shall  be  contained  therein.  The  sale  shall  be  made  at  the  time  and 
place  specified  in  said  notice  of  sale  by  the  commissioner  or  a  deputy 
commissioner  of  his  department,  or  by  an  auctioneer,  designated  for 
such  sale  by  the  commissioner.  Immediately  after  the  sale,  the 
commissioner  shall  pay  to  the  comptroller  the  proceeds  thereof,  and 
shall,  at  the  same  time,  transmit  to  the  comptroller  an  itemized 
statement  of  the  articles  sold,  with  the  price  received  for  each  article 
and  a  certificate  of  the  costs  and  expenses  incurred  by  the  said  com- 
missioner in  making  such  condemnation  and  sales.  The  comptroller 
shall  credit  and  add  to  the  appropriation  for  the  department  of 
street  cleaning,  from  the  proceeds  of  such  sale,  the  amount  of  said 
costs  and  expenses  of  such  condemnation  and  sales  as  hereinbefore 
provided,  and  in  addition  thereto,  such  an  amount  for  each  incum- 
brance  seized  or  taken,  condemned  and  sold,  as  hereinbefore  pro- 
vided, not  to  exceed  $10,  as  may  be  estimated  and  fixed  by  the 
commissioner  of  street  cleaning  as  necessary  to  pay  the  cost  of  seiz- 
ing, removing  and  keeping  or  storing  such  incumbrances;  and  the 
remainder  of  the  moneys  realized  from  such  sale  shall  be  paid  without 
interest,  to  the  lawful  owners  of  the  several  articles  sold.  Any  pay- 
ment to  a  person  apparently  entitled  thereto,  under  the  provisions  of 
this  section,  shall  be  a  good  defense  to  the  city  against  any  other 
person  claiming  to  be  entitled  to  such  payment;  but,  if  the  person 
to  whom  such  payment  is  made  is  not  in  fact  entitled  thereto,  the 
person  to  whom  the  same  ought  to  have  been  paid  may  recover  the 
same,  with  interest  and  costs  of  suit,  as  so  much  money  had  and 
received  to  his  use,  by  the  person  to  whom  the  same  shall  have  been 
paid.  (Charter  545.) 

4.  Redemption  of  property  removed.  The  owner  of  any  truck,  cart, 
wagon,  vehicle,  box,  barrel,  bale  or  other  thing,  removed  from  any 
public  street  or  place  under  the  provisions  of  this  section,  may  redeem 
his  property  at  any  time  after  its  removal  upon  payment  to  the 
commissioner  of  street  cleaning  of  such  sum  as  he  may  fix,  not  to 
exceed  $10,  for  each  article  redeemed.  The  sum  thus  paid  shall  be 
immediately  transmitted  to  the  comptroller,  and  shall  be  by  him 


STREETS  525 

added  and  credited  to  the  appropriation  for  the  department  of  street 
cleaning,  and  may  be  used  by  the  commissioner  for  any  of  the  pur- 
poses of  his  department,  as  if  originally  included  in  the  appropria- 
tion therefor.  Nothing  in  this  section  contained  shall  be  deemed  to 
authorize  the  summary  removal  of  materials  for  any  public  work  or 
improvement  in  course  of  construction. 

5.  Temporary  obstruction  of  crossings.  No  person  shall  obstruct 
the  walks  laid  across  a  public  street  or  at  the  head  of  a  public  slip,  by 
placing  or  stopping  his  horse,  cart  or  other  carriage  upon  or  across 
any  of  the  said  walks,  or  by  placing  or  putting  any  other  obstruction 
or  other  thing  across  or  on  the  same.  (C.  O.,  §  268.) 


ARTICLE  14 

PROJECTIONS    AND   ENCROACHMENTS 

Sec.  160.  Projections  prohibited. 
§  161.  Areas,  special  restrictions. 
162.  Balustrades. 
163. 

164.  Cellar  doors  and  steps. 
165. 
166. 
167. 
§  168.  Removal  of  unauthorized  projections  and  encroachments 

and  incumbrances. 

§  169.  Notification  to  corporation  counsel. 
§  170.  Violations. 

For  cases  and  authorities  relating  to  general  subject  of  encroachments  in  public 
streets  see  notes  to  §  140,  supra. 

Sec.  160.  Projections  prohibited. — No  areas,  steps  or  other  projec- 
tions beyond  the  building  line  except  those  indicated  in  paragraphs  c, 
d,  e,  f  and  h  of  subdivision  4,  §  170,  chapter  5  of  this  Code  of  Ordi- 
nances, shall  be  built,  erected  or  made  upon  the  following  streets, 
namely: 

a.  Grand  Boulevard  and  Concourse  in  the  borough  of  The  Bronx, 
between  East  161st.  street  and  Mosholu  parkway;  excepting  that 
areas  as  defined  by  paragraph  a  of  subdivision  4,  §  170,  chapter  5  of 
the  Code  of  Ordinances  may  be  erected  in  that  section  of  the  Grand 
Boulevard  and  Concourse  in  the  borough  of  The  Bronx,  located 
within  a  business  use  district  as  established  by  the  building  zone 
resolution  adopted  by  the  board  of  estimate  and  apportionment; 

b.  On  Coney  Island  avenue,  from  the  Plaza  at  Parkside  avenue  to 
Neptune  avenue,  in  the  borough  of  Brooklyn; 

c.  On  Newkirk  avenue,  between  Flatbush  avenue  and  Coney 
Island  avenue,  in  the  borough  of  Brooklyn. 

Adopted  April  13,  1920.    Approved  April  24,  1920. 

This  subdivision  continues  the  ordinance  approved  April  25,  1882.  It  with- 
draws all  stoop-line  privileges  on  Broadway  below  Fifth-ninth  street.  It  was 
made  necessary  by  the  rapidly  growing  population  of  the  metropolis  and  the  enor- 
mous crowds  who  use  the  Broadway  sidewalks.  The  ordinance  has  been  upheld 
in  a  number  of  suits  to  recover  penalties  in  the  Municipal  Courts.  Where  the 


526  CODE    OF   ORDINANCES   OF   THE   CITY   OF   NEW   YORK 

photographer  Marceau  claimed  that  a  marquise,  or  awning  of  glass  and  steel,  on 
his  Broadway  place  was  not  a  "projection"  within  the  terms  of  the  ordinance, 
held  the  ordinance  meant  to  forbid  all  projections  of  whatever  kind.  City  of  New 
York  v.  Otto  Sarony  Co.,  86  N.  Y.  Supp.  27. 

§  161.  Areas;  special  restrictions. — Every  existing  area  that  is 
open  at  the  top  shall  be  enclosed  with  an  iron  railing  in  front,  and 
on  the  sides  where  there  is  an  opening  used  for  the  purposes  of 
ingress  and  egress,  such  railing  to  be  at  least  3  feet  high  measured 
from  the  base  and  capable  of  sustaining  a  lateral  weight  of  300  pounds 
at  any  part  thereof,  the  gates  of  which,  if  any,  shall  be  so  constructed 
as  to  open  inwardly. 

Adopted  July  2,  1918.    Approved  July  10,  1918. 

The  penalty  was  cut  down  from  250  to  100  dollars  in  1896  and  is  now  governed 
by  §  170.  This  section  has  been  in  force  since  at  least  1821.  (See  Laws  of  City  of 
N.  Y.  1821,  p.  29.)  As  originally  used  the  ordinance  expressly  said  "no  areas  below 
the  surface  of  any  street,"  and  since  then  the  area  sections  have  always  been  in- 
cluded in  the  article  on  vaults. 

This  is  important  to  bear  in  mind,  as  the  style  of  construction  has  changed  so 
much  since  the  word  was  first  used.  The  tendency  of  the  public  has  been  to  assume 
there  was  an  "area  line"  up  to  which  point  much  latitude  in  building  was  shown. 
Areas  must  not  be  confused  with  courtyards,  however,  which  are  not  and  never 
were  permitted  except  under  special  circumstances  (see  §  165).  In  the  earlier 
days  it  was  customary  to  grant  to  certain  streets  and  avenues,  by  special  ordinance, 
the  right  to  enclose  a  courtyard  in  front  of  the  abutting  houses  with  light  iron 
railings.  But  such  courtyards  were  held  to  be  illegal  and  the  ordinances  void  in 
Lawrence  v.  Mayor,  etc.,  of  N.  Y.,  2  Barb.  577  (1848),  followed  in  124  App.  Div. 
847;  52  Misc.  222.  It  was  under  these  circumstances,  that  the  courtyards  were  con- 
structed in  Fifth  avenue,  42d  street,  34th  street,  23d  street,  etc.  For  example,  as 
to  Fifth  avenue,  between  23d  street  and  42d  street,  see  ordinance  passed  Septem- 
ber 30,  1844,  and  earlier  ones.  The  permission,  however,  was  revocable.  The 
change  of  those  streets  from  residential  to  business,  as  well  as  the  growth  of  the  city, 
have  made  the  local  conditions  entirely  different.  That  a  reasonable  encroachment 
on  a  public  street  is  lawful  for  use  as  an  area,  was  sustained  in  City  of  Chicago  v. 
Robbins,  67  U.  S.  418.  Where  The  City  of  New  York  sought  a  preliminary  man- 
datory injunction  to  compel  the  removal  of  steps  extending  fifteen  feet  on  Fifth 
avenue  and  of  an  area  extending  fourteen  feet  on  34th  street,  denied.  City  of  New 
York  v.  Knickerbocker  Trust  Co.,  41  Misc.  17.  But  that  a  good  cause  of  action  was 
alleged  in  the  complaint  sustained  in  same  case.  Scott,  J.,  N.  Y.  Law  Journal, 
Dec.  29,  1903;  aff'd  in  104  App.  Div.  223.  And  where  an  owner  sought  to  restrain 
the  municipal  authorities  from  removing  a  porte-cochere  extending  out  fifteen  feet 
to  the  so-called  area  line  on  Fifth  avenue,  application  denied.  George  W.  Vander- 
bilt  v.  City  of  New  York,  Blanchard,  J.,  N.  Y.  Law  Journal,  June  25,  1903.  Also, 
see  City  of  N.  Y.  v.  Knickerbocker  Trust  Co.,  52  Misc.  222. 

An  area  built  as  prescribed  by  the  ordinances  is  legal  and  must  be  maintained 
by  the  owner  in  the  manner  prescribed  as  long  as  it  lasts.  Devine  v.  Nat.  Wall 
Paper  Co.,  95  App.  Div.  194. 

See  also  Ackerman  v.  True,  175  N.  Y.  353,  McMillan  v.  Klaw  &  Erlanger,  107 
App.  Div.  407,  and  cases  cited  under  §  140  in  Obstructions  and  Incumbrances. 

§  162.  Balustrades. — No  goods,  wares,  merchandise  or  manufac- 
tures of  any  description  shall  be  placed  or  exposed  to  show  or  for  sale 
upon  any  balustrade  that  now  is  or  hereafter  may  be  erected  upon 
any  street.  (Amended  by  ord.  effective  Dec.  28,  1915.) 

§  163.  Bay  windows,  show  windows. — (Repealed  by  ord.  effective 
Dec.  28, 1915.) 

This  section  is  taken  from  the  Ordinance  of  January  30,  1903. 

The  case  of  Williams  v.  Silverman  Construction  Co.,  Ill  App.  Div.  679,  ex- 
pressly holds  that  permits  granted  under  this  ordinance  are  invalid,  as  the  Board  of 
Aldermen  has  no  power  to  allow  permanent  encroachments  on  the  public  highways. 
But  see,  contra,  Broadbelt  v.  Loew,  15  App.  Div.  343,  aff'd  162  N.  Y.  642.  Sec- 
tion 86  of  the  Consolidation  Act  there  construed  has  been  practically  incorporated 
in  section  49  of  the  Charter.  The  Park  Commissioners  have  power  to  grant  permits 
for  bay  windows  which  project  beyond  the  building  line  but  within  the  stoop-line. 
Wonnser  v.  Brown,  149  N.  Y.  163.  This  case,  however,  has  been  distinguished  in 
Ackerman  v.  True,  175  N.  Y.  353,  which  declares  permits  and  ordinances  allowing 


STREETS  527 

permanent  encroachments  on  the  public  streets  to  be  invalid.  .Bay  windows  have 
always  been  allowed  in  the  city,  but  before  this  ordinance  they  were  limited  to  9nc 
foot.  (See  Laws  and  Ordinances  1793,  p.  17,  par.  13,  and  subsequent  compila- 
tions.) See  also  Acme  Realty  Co.  v.  Schinasi,  154  App.  Div.  397,  and  cases  cite  1 
under  §  140,  supra. 

§  164.  Cellar  steps;  cellar  doors. — Every  entrance  or  flight  of  steps, 
now  existing  and  projecting  beyond  the  line  of  the  street  and  de- 
scending into  any  cellar  or  basement  story  of  any  house  or  other 
building,  where  such  entrance  or  flight  of  steps  shall  not  be  covered, 
shall  be  inclosed  with  a  railing  on  each  side,  permanently  put  up, 
from  3  to  3^  feet  high,  with  a  gate  to  open  inwardly,  or  with  2  iron 
chains  across  the  front  of  the  entranceway,  1  near  the  top  and  1 
in  the  centre  of  the  railing,  to  be  closed  during  the  night,  unless 
thoro  be  a  burning  light  over  the  steps,  to  prevent  accidents.  Where 
•such  entrance  is  covered  by  a  cellar  door  such  door  shall  be  kept 
in  good  repair,  and  shall  not  be  permitted  to  remain  open  except 
when  in  actual  use  for  ingress  or  egress  of  persons  or  for  the  loading 
or  unloading  of  things  out  of  or  into  such  cellar  or  basement  story. 

Adopted  March  26,  1918.    Approved  April  4,  1918. 

In  1793  the  limit  was  one-fifteenth  of  the  street,  in  1808  this  was  changed  to 
one-tenth,  and  in  1821  the  present  rate  of  one-twelfth  was  fixed. 

Schroeck  v.  Krris,  4<i  App.  Div.  502;  Brogan  v.  Hannan,  66  N.  Y.  Supp.  1066; 
Sturmwald  v.  Schreiber,  69  App.  Div.  476. 

By  its  terms  this  ordinance  is  confined  to  protection  at  night.  Greenberg  v. 
Schlanger,  229  N.  Y.  120. 

§  165.  Courtyards  on  private  property. — (Repealed  ord.  effective 
Dec.  28, 1915.) 

§  166.  Ornamental  projections. — (Repealed  by  ord.  effective  Dec. 
28,  1915.) 

The  so-called  "Ornamental  Projection"  ordinance  of  Apr.  20,  1903,  was  expressly 
held  void  in  McMillan  v.  Klaw  &  Erlanger,  107  App.  Div.  407.  Since  then  the 
courts  have  repeatedly  held  permanent  projections  and  encroachments  in  the 
•streets  were  illr-K:il.  City  of  N.  Y.  v.  Rice,  198  N.  Y.  131;  Harfield  v.  Strauss,  117 
App.  Div.  f,71 ;  People  ex  rel.  Cross  v.  Ahearn,  124  App.  Div.  840. 

§  167.  Porches,  platforms  and  stoops. — (Repealed  bv  ord.  effective 
Dec.  28,  1915.) 

This  has  remained  practically  the  same  since  1821.  The  Laws  and  Ordinances 
of  1793  provided  (p.  12)  that  no  platforms,  stoop,  steps,  etc.,  should  extend  more 
than  one-tenth  part  of  the  width  of  the  street,  and  should  have  open  backs  and 
railings.  By  1817  there  was  added  the  limitation,  "nor  more  than  seven  feet  .  .  . 
and  for  the  mere  purpose  of  a  passageway  into  the  houses  or  buildings."  See  Ordi- 
nances 1817,  par.  XII  of  Ch.  13.  In  the  Ordinances  of  1821  we  find  the  height 
limited  to  five  feet.  R.  O.,  1821.  See  note  under  sections  161  as  to  areas  and  en- 
croachments. Action  to  remove  nuisance  outside  stoop-line  not  allow  amendment 
to  include  structures  within  stoop-line.  City  of  N.  Y.  v.  Knickerbocker  T.  Co., 
121  App.  Div.  740.  See  notes  to  §  140,  supra. 

This  section,  with  verbal  changes,  such  as  the  substitution  of  Board  of  Aldermen 
for  the  Street  Commissioner,  has  been  contained  in  every  revision  of  the  ordinances 
since  1839.  "Porches"  and  "Doors"  are  named  as  the  earlier  ordinances  included 
them  in  the  preceding  sections  herein  referred  to. 

§  168.  Removal  of  unauthorized  projections,  encroachments  and 
incumbrances.—The  president  of  the  borough  having  jurisdiction 
may  give  a  written  or  printed  notice  to  the  owner  of  the  premises,  by 
service  upon  such  owner,  or  upon  the  occupant  of  the  premises,  re- 
quiring such  owner  to  remove  or  alter  any  unauthorized  projection, 
encroachment  or  incumbrance,  within  a  period  to  be  specified  in  such 
notice,  which  shall  be  in  writing,  and  shall  be  served  personally,  or 
by  leaving  it  at  the  house  or  place  of  business  of  the  owner,  occupant 
or  person  having  charge  of  the  house  or  lot,  in  front  of  which  the 


528  CODE   OP   ORDINANCES    OF  THE   CITY   OF  NEW  YORK 

projection,  encroachment  or  incumbrance  may  be,  or  by  posting  the 
said  notice  or  order  thereon.  At  any  time  after  the  expiration  of  the 
time  specified  for  that  purpose  in  the  notice,  if  such  encroachment, 
encumbrance  or  projection  shall  not  then  have  been  removed  or 
altered,  the  president  of  the  borough  may,  by  notice  or  order,  direct 
and  cause  such  encroachment,  incumbrance  or  projection  to  be  re- 
moved or  altered,  at  the  expense  of  the  owner  or  constructor  thereof, 
who  shall  be  liable  to  the  city  for  all  expenses  that  it  may  incur  by 
such  removal  or  alteration,  together  with  the  penalties  prescribed  by 
§  170  of  this  article,  to  be  recovered  with  costs  of  suit.  (C.  O.,  §§  221, 
222.) 

§  169.  Notification  to  corporation  counsel. — The  president  of  each 
borough  shall  present  and  report  all  encroachments  on  the  streets, 
which  may  be  brought  to  his  notice,  to  the  corporation  counsel,  and 
shall  take  such  other  action  thereon  as  may  be  prescribed  by  ordi- 
nance in  relation  thereto.  (C.  O.,  §  91.) 

§  170.  Violations. — Any  person  who  shall  violate  any  of  the  provi- 
sions of  this  article  or  fail  to  comply  therewith,  or  any  requirement 
thereof,  or  who  shall  violate  or  fail  to  comply  with  any  official  order 
or  regulation  made  thereunder,  or  who  shall  build  in  violation  of  any 
detailed  statement  or  specifications  or  plans  submitted  and  approved 
thereunder,  or  of  any  certificate  or  permit  issued  thereunder  shall,  for 
each  and  every  such  violation  and  non-compliance,  respectively, 
forfeit  and  pay  a  penalty  in  the  sum  of  $50;  but  if  any  said  violation 
shall  be  removed  or  be  in  process  of  removal,  within  10  days  after 
the  service  of  a  notice  made  and  served  as  prescribed  by  section  650 
of  chapter  5  of  this  ordinance,  the  liability  of  such  penalty  shall 
cease  and  the  corporation  counsel,  on  request  of  the  superintendent 
of  buildings  having  jurisdiction,  shall  discontinue  any  pending  action 
to  recover  the  same.  Any  person  who,  having  been  so  served  with  a 
notice  to  remove  any  violation,  or  to  comply  with  any  requirement  of 
this  article,  or  with  any  order  or  regulation  made  thereunder,  shall 
fail  to  comply  with  such  notice,  within  10  days  after  service  thereof, 
or  who  shall  continue  to  violate  any  requirement  of  this  article  in  the 
respect  named  in  the  notice,  shall  pay  a  penalty  of  $250.  (Building 
Code,  §  150,  changed  to  meet  C.  O.,  §§  182, 184,  246.) 


ARTICLE  15 

SIDEWALKS 

Sec.  180.  Construction,  generally. 

§  181.  Abutting  owners'  duties  and  responsibilities. 
§  182.  Drains  across  sidewalks. 

183.  Boardwalks. 

184.  Carriageways  across  sidewalks. 

185.  Property  owners  may  voluntarily  lay  sidewalks. 

186.  Interference  with  sidewalks. 

187.  Injury  to  or  defacement  of  sidewalks. 

188.  Obstructions. 

188a.  Subway  gratings;  sweeping  into. 

189.  Violations. 


STREETS  529 

Sec.  180.  Construction,  generally. — All  streets  of  22  feet  in  width 
and  upward,  shall  have  sidewalks  on  each  side  thereof,  the  width, 
materials  and  construction  of  which  shall  fully  conform  to  standard 
specifications  for  such  work,  all  of  which  shall  be  prescribed  by  the 
borough  president  having  jurisdiction  and  kept  on  file  in  his  office. 
(New.) 

§  181.  Abutting  property  owners1  duties  and  obligations.  1.  Gen- 
erally.— The  owner,  lessee  or  occupant  of  any  house  or  other  building 
or  vacant  lot  fronting  on  any  street  shall,  at  his  charge  and  expense, 
well  and  sufficiently  pave,  according  to  this  ordinance,  and  keep 
and  maintain  in  good  repair,  the  sidewalks,  curb  and  gutter  of  the 
street  in  front  of  such  house,  building  or  lot. 

2.  Notice  to  regulate  and  pave  sidewalks.    When  any  street  shall 
have  been  paved  and  a  majority  of  owners  of  lots  on  the  same  block 
shall  have  regulated  and  paved  their  sidewalks,  the  president  of 
the  borough  in  which  the  same  is  located  shall  give  notice  to  the 
owner,  lessee  or  occupant  of  any  lot  in  front  of  which  the  sidewalks 
shall  not  be  payed,  to  regulate  and  pave  the  same  within  a  certain 
time,  to  be  designated  in  the  notice.    Upon  complaint  being  made 
to  the  borough  president  having  jurisdiction  thereof  that  any  side- 
walk, curb  or  gutter  is  not  paved  or  repaired  according  to  this  article, 
he  may  cause  a  notice  to  be  served  upon  the  owner,  lessee  or  occu- 
pant of  any  house,  building  or  vacant  lot  of  ground  fronting  thereon 
to  repair  or  relay,  as  the  case  may  require,  such  sidewalk,   curb  or 
gutter,  within  10  days  after  the  service  of  such  notice. 

3.  Construction  by  city;    reimbursement  by  assessment.    In  case 
the  owner,  lessee  or  occupant  shall  fail  to  lay,  repair  or  relay,  as 
the  case  may  require,  such  sidow  alk,  curb  or  gutter,  within  the  time 
required  by  the  notice  and  otherwise  to  comply  therewith,  the  bor- 
ough president  having  jurisdiction  is  hereby  authorized  and  re- 
quired to  lay  or  relay  the  flagging  and  set  or  reset  the  curb  and 
gutter,  or  any  of  such  work,  and  to  do  such  incidental  work  as  may 
be  necessary  properly  to  construct  or  repair  such  sidewalk,  and  to 
certify  the  expense  thereof  to  the  board  of  assessors.     The  board 
shall  make  a  just  and  equitable  assessment  of  such  expense  among 
the  owners  or  occupants  of  all  houses  or  lots  deemed  to  be  benefited 
thereby,  in  proportion,  as  near  as  may  be,  to  the  advantages  which 
they  may  be  deemed  to  have  acquired. 

Adopted  March  12,  1918.    Approved  March  20,  1918. 

§  182.  Drains  across  sidewalks. — No  drain  from  any  building, 
structure,  enclosure  or  lot  of  ground  shall  hereafter  be  constructed 
across  the  surface  of,  or  through  or  under  a  sidewalk,  unless  the 
material  or  materials,  dimensions  and  construction  thereof  shall 
fully  conform  to  standard  specifications  for  such  work,  all  of  which 
shall  be  prescribed  by  the  borough  president  having  jurisdiction  and 
kept  on  file  in  his  office.  (New.) 

§  183.  Boardwalks. — No  board  or  plank  walk  shall  be  constructed 
or  laid  down  in  any  street,  without  the  written  permission  of  the 
borough  president  having  jurisdiction.  (Flushing  Ords.,  §  5,  made 
general.) 

§  184.  Carriageways  across  sidewalks.  1.  General  regulations. — 
No  person  shall  lower  the  curb  or  change  the  grade  of  a  sidewalk  in 
front  of  any  building  owned  by  him,  for  the  purpose  of  providing 


530  CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK 

a  carriageway  across  such  sidewalk, '  except  upon  complying  with 
the  following  conditions,  namely: 

(a)  Application  shall  be  made  in  writing  by  the  owner  to  the  pres- 
ident of  the  borough  within  which  such  premises  are  located; 

(b)  In  consideration  of  the  granting  of  such  permit,  the  borough 
president  having  jurisdiction  is  hereby  authorized  to  charge  a  fee 
for  the  privilege,  to  cover  all  expenses  in  connection  with  the  inspec- 
tion of  the  alteration  of  the  sidewalk,  and  its  ultimate  restoration 
to  original  grade;  and  he  may  make  such  rules  for  its  proper  care 
and  cleaning  as  he  deems  desirable; 

(c)  Every  such  carriageway  shall  be  constructed  under  the  super- 
vision and  subject  to  the  direction  of  the  president  of  the  borough 
having  jurisdiction,  and  on  condition  that  upon  failure  to  comply 
with  all  the  terms  of  the  permit  the  privilege  may  be  revoked  and 
the  sidewalk  restored  to  its  original  grade,  at  the  expense  of  the  per- 
son, to  whom  the  permit  was  granted,  or  of  the  grantee  then  having 
title  to  the  abutting  property.    (C.  O.,  §  530,  amend.) 

2.  Construction.     All   private   carriageways,    crossing   sidewalks 
shall  be  paved  with  granite,  bluestone  or  artificial  stone,  and  not 
with  bricks  or  with  round  or  paving  stones.     (C.  O.,  §  122.) 

3.  City  may  construct  or  reconstruct  at  expense  of  owner.    In  case 
any  part  of  a  private  carriageway  shall  not  be  payed,  repaved  or 
repaired  according  to  the  provisions  of  the  preceding  subdivision, 
the  borough  president  having  jurisdiction  may  order,  in  writing, 
the  same  to  be  done  within  a  time  mentioned  in  the  order.    At  the 
expiration  of  such  time,  the  work  may  be  done  under  the  direction 
of  the  borough  president,  and  the  expense  thereof  shall  be  a  lien 
upon  the  lot  fronting  thereon.     (C.  O.,  §  123.) 

§  185.  Property  owners  may  volunatarily  lay  sidewalks. — Any 
owner  of  property  may  lay  a  sidewalk  in  front  of  his  premises,  of  such 
material  and  in  such  a  manner  as  may  be  prescribed  by  the  borough 
president  having  jurisdiction,  but  no  sidewalk  shall  be  so  laid  unless 
under  written  permit  issued  by  the  borough  president.  (New.) 

§  186.  Interference  with  sidewalks. — No  sidewalks  or  any  part  of  a 
sidewalk  shall  be  taken  up  in  whole  or  in  part,  for  any  purpose  what- 
ever, without  the  written  permission  of  the  president  of  the  borough 
having  jurisdiction,  under  the  penalty  of  $25  for  each  offense;  but 
the  provisions  of  this  section  shall  not  apply  to  the  making  of  nec- 
essary repairs  to  any  such  sidewalk,  nor  to  the  resetting,  when  nec- 
essary, of  any  curb  or  gutter  stone  that  may  have  become  displaced, 
broken  or  sunken,  nor  to  the  necessary  repair  or  alteration  of  any 
coal  slide  under  a  sidewalk.  (C.  O.,  §  121.) 

§  187.  Injury  to  or  defacement  of  sidewalks.  1.  Breaking  or  in- 
juring.— No  person  shall  break  or  otherwise  injure  any  sidewalk  or 
footpath  under  the  penalty  prescribed  by  §  189  of  this  article;  pro- 
vided that  such  penalty  shall  not  accrue  in  case  of  an  accidental 
breaking  of  or  injury  to  a  sidewalk,  which  is  repaired,  to  the  satisfac- 
tion of  the  borough  president  having  jurisdiction,  within  48  hours 
after  such  break  or  injury.  (C.  O.,  §  267.) 

2.  Defacing.    No  person  shall  deface  any  sidewalk  by  printing  or 
writing  thereon,  or  attaching  thereto,  in  any  manner  any  advertise- 
ment or  other  printed  matter.     (Manh.  Ords.,  §  84.) 
.  §  188.  Obstructions.     1.  Merchandise.— No  person  shall  hang  or 


STREETS  531 

place  any  goods,  wares  or  merchandise,  or  suffer,  maintain  or  permit 
the  same  to  be  hung  or  placed,  at  any  greater  distance  than  3  feet 
in  front  of  his  or  her  house,  store  or  other  building,  and  not  a  greater 
height  than  5  feet  above  the  level  of  the  sidewalk.  Wares  or  mer- 
chandise in  process  of  loading,  unloading,  shipment  or  being  received 
from  shipment,  may  be  transferred  from  trucks  or  other  vehicles 
over  the  sidewalk  by  the  use  of  skids,  or  by  backing  up  trucks  on 
the  sidewalks  while  so  doing.  Household  furniture  may  be  tempora- 
rily placed  on  a  sidewalk  for  the  purpose  of  loading  or  unloading 
the  same  during  daylight  and  without  unreasonable  delay;  but,  in 
any  such  case,  a  passageway  shall  be  kept  open  within  the  stoop- 
line  of  the  building,  abutting  on  the  sidewalk  so  obstructed,  for  the 
free  movement  of  pedestrians.  (C.  O.,  §  262,  revised.) 

For  a  century  no  goods,  wares  or  merchandise  could  be  hung  in  the  street  more 
than  one  foot  beyond  the  house-line.  (Law  and  Ordinance  1793,  p.  17,  and  sub- 
sequent revisions.)  But  this  was  gradually  enlarged  by  ord.  of  April  8,  1884; 
Sept.  9,  1889;  March  29,  1S94,  and  Dec.  7,  1896.  While  goods  may  be  placed  on 
the  sidewalk  in  process  of  shipment,  this  must  be  temporary  only  and  not  amount 
to  a  virtual  appropriation  of  the  sidewalk  to  a  private  owner's  use.  Callanan  v. 
Oilman,  107  N.  Y.  300.  Permits  cannot  be  given  to  display  goods  and  merchandise 
on  the  sidewalk.  People  v.  Willis,  9  App.  Div.  214. 

2.  Vehicles.  Except  as  otherwise  provided  in  this  section,  no 
person  shall  lead,  ride  or  drive  a  horse  or  permit  or  suffer  any  cart 
or  other  wheel  carriage  to  be  driven  or  otherwise  to  pass  or  go  over  or 
upon  the  footpath  or  sidewalk  of  the  city,  for  any  purpose  whatever, 
except  over  a  driveway  authorized  and  constructed  in  accordance 
with  the  provisions  of  §  184  of  this  article.  (C.  O.,  §  266,  revised, 
amend.  May  7,  1916.) 

§  188a.  Subway  gratings;  sweeping  into. — No  person  shall  sweep 
any  substance  from  a  sidewalk  or  other  place  into  a  grating  used 
for  the  purpose  of  ventilating  any  subway  railroad.  (New.) 

Adopted  July  16,  1918.    Approved  July  26,  1918. 

§  189.  Violations. — No  person  shall  violate  any  of  the  provisions 
of  this  article  under  a  penalty  of  $50  for  each  offense.  No  such 
violation  shall  be  continued  under  an  additional  penalty  of  $5  for 
each  day  so  continued.  Any  person  who  shall  wilfully  violate,  or 
neglect  or  refuse  to  comply  with  any  provision  of  this  title,  or  any 
lawful  regulation,  order  or  special  direction  made  thereunder,  may 
also,  upon  conviction  thereof,  be  punished  by  a  fine  of  not  more 
than  $50,  or  by  an  imprisonment  for  not  exceeding  39  days,  or  by 
both  such  fine  and  imprisonment.  (New.  Charter,  §  773  and  C.  O., 


ARTICLE  16 

SIGNS  AND  SHOWBILLS 

Sec.  210.  General  provisions. 

§  211.  Ground  signs  and  roof  signs. 

§  212.  Ground  signs,  special  provisions. 

§  213.  Roof  signs,  special  provisions. 

§  214.  Signs  on  walls. 


532  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

§  215.  Illuminated  signs. 

§  216.  Unsafe  signs. 

§  217.  Unlawful  signs. 

§  218.  Alteration  of  existing  signs. 

§  219.  Exemptions. 

§  220.  Retroactive  effect. 

§  221.  Inspections. 

§  222.  Public  signs,  protection  of. 

§  223.  Violations. 

Sec.  210.  General  provisions. — Except  as  otherwise  specified  in 
the  succeeding  sections  of  this  article,  signs,  showbills  and  showboards 
may  be  placed  on  the  fronts  of  buildings,  with  the  consent  of  the 
owner  thereof.  They  shall  be  securely  fastened,  and  shall  not  pro- 
ject more  than  1  foot  from  the  house  wall,  except  that  signs  may  be 
hung  or  attached  at  right  angles  to  any  building,  except  a  building 
in  the  borough  of  Manhattan,  on  Fifth  avenue,  between  Washington 
square  north  and  110th  street,  or  on  34th  street,  between  Fourth 
avenue  and  Seventh  avenue,  or  on  Madison  avenue,  between  34th 
street  and  72d  street,  or  on  57th  street,  between  Lexington  avenue 
and  Broadway,  and  extend,  not  to  exceed  3  feet  therefrom,  in  the 
space  between  the  second  floor  (the  ground  floor  being  considered 
the  first  floor)  and  a  point  8  feet  in  the  clear  above  the  level  of  the 
sidewalk  in  front  of  such  building.  Signs  may  be  attached  to  the 
sides  of  stoops,  but  not  to  extend  above  the  railing  or  beyond  the 
stoop-line  of  any  stoop.  No  sign,  showbill,  or  snowboard  shall  be 
placed,  hung  or  maintained  except  as  prescribed  in  this  article. 

Adopted  December  14,  1920.    Approved  December  23,  1920. 

Signs  have  always  been  allowed  at  a  distance  of  one  foot.  See  Laws  and  Ordi- 
nances, 1793,  p.  18.  This  article  embraces  the  former  provisions  as  to  "sky  signs" 
in  section  144  of  former  Building  Code.  See  Chapter  5,  Building  Code,  art.  22  of 
the  present  code  which  defines  manner  of  construction  of  frame  fences,  bill-boards 
and  signs.  Restriction  of  bill-boards  to  6  feet  valid.  City  of  Rochester  v.  West, 
164  N.  Y.  510;  Gunning  v.  Buffalo,  75  App.  Div.  31. 

Ordinance  in  Hastings  held  unreasonable  as  to  bill-boards.  People  v.  Hastings, 
77  Misc.  453.  See  notes  21  L.  R.  A.  (N.  S.)  735. 

Bill-board  restrictions  are  reasonable  and  valid  exercise  of  police  power.  People 
ex  rel.  Van  Beuren  v.  Miller,  161  App.  Div.  138. 

The  provisions  of  former  section  144  of  Building  Code  as  to  signs  refer  to  bill- 
boards and  sky-signs  only,  all  others  come  under  the  general  ordinances.  People 
v.  Schmidt,  51  Misc.  258. 

See  also  People  ex  rel.  Publ.  Leasing  Co.  v.  Ludwig,  218  N.  Y.  540  (aff.  172 
App.  Div.  71);  and  Southern  Leasing  Co.  v.  Ludwig,  217  N.  R.  100. 

§  211.  Ground  signs  and  roof  signs.  1.  Permits  required. — No 
ground  sign  or  roof  sign  shall  be  erected  until  a  permit  therefor  shall 
have  been  issued  by  the  superintendent  of  buildings  having  jurisdic- 
tion. Each  superintendent  of  buildings  may  prescribe  suitable 
regulations,  consistent  with  the  provisions  of  this  article,  concerning 
the  forms  and  contents  of  applications  for  the  various  forms  of  per- 
mits. (Ord.  May  29,  1914.) 

2.  Plans  and  specifications.  No  such  permit  shall  be  issued  unless 
plans  and  specifications,  showing  the  dimensions,  material  and 
details  of  construction  of  the  proposed  sign,  accompanied  by  the 
written  consent  of  the  owner  or  lessee  of  the  property  upon  which 
it  is  to  be  erected,  shall  have  been  filed  with  the  superintendent 
of  buildings  having  jurisdiction,  nor  until  all  of  the  provisions  of  the 


STREETS  533 

Building  Code,  relating  to  suchstructures,  shall  have  been  complied 
with.     (Id.,  §  6.) 

3.  Illuminated  signs.  In  the  case  of  an  illuminated  sign  illumi- 
nated by  electricity,  a  certificate  must  also  be  procured  from  the 
department  of  water  supply,  gas  and  electricity,  certifying  that  the 
electric  wiring  and  electric  appliances  of  the  proposed  sign  are  in 
conformity  with  the  rules  and  regulations  of  that  department.    (Id., 
§6.) 

4.  Fees.  Before  any  permit  shall  be  issued  under  this  section,  a  fee 
therefor  shall  be  paid  to  the  appropriate  bureau  of  buildings  as 
follows:  For  ground  signs,  $2;  for  roof  signs  having  a  tight,  closed  or 
solid  surface,  $5;  for  roof  signs  not  having  a  tight,  closed  or  solid 
surface,  $10;  provided  that  each  face  of  any  such  sign  structure, 
when  fronting  on  different  streets  shall  be  considered  to  be  a  separate 
sign.     (Id.,  §  6.) 

5.  Existing  structures.  Permits  shall  be  issued  for  signs  existing 
in  the  29th  day  of  May,  1914,  not  conforming  to  the  requirements 
of  §§  212  and  213  of  this  chapter,  provided  such  signs  were  erected 
and  are  maintained  in  conformity  with  the  legal  requirements  in 
effect  when  they  were  erected,  but  no  fees  shall  be  charged  for 
permits  or  registration  for  existing  signs. 

Adopted  February  13,  1917.    Became  effective  February  27,  1917. 

6.  Registration  and  identification.  Every  ground  sign  and  roof 
sign  existing  or  hereafter  erected,  shall  be  registered  with  the  bureau 
of  buildings  of  the  borough  in  which  such  structure  is  situated,  by 
the  person  maintaining  the  same,  and  shall  have  displayed  upon  the 
front  thereof  the  name  and  address  of  such  person,  and  the  serial 
number  of  the  permit  issued  for  such  structure.     The  bureau  of 
buildings  may  issue  permits  in  several  series  so  as  to  distinguish 
between  existing  signs  and  new  sign  structures  erected  in  conformity 
with  this  article,  or  between  various  classes  of  signs.    (Id.,  §  7.) 

§  212.  Ground  signs;  special  provisions.  1.  Construction. — No 
ground,  fence,  bill-board  or  sign  within  the  fire  limits  of  the  city  shall 
be  at  any  point  over  12  feet  above  the  ground;  provided  that  when 
the  face  of  any  sign,  excepting  the  ornamental  moulding  thereof, 
shall  be  constructed  entirely  of  metal  or  of  wood  covered  on  all 
sides  with  sheet  metal,  the  sign  shall  not  be  at  any  point  over  24  feet 
above  the  ground.  (Ord.  May  29,  1914,  §  2.) 

2.  Maintenance.  Any  person,  occupying  any  vacant  lot  or  prem- 
ises with  a  bill-board,  sign  or  other  advertising  structure  or  device, 
shall  be  subject  to  the  same  duties  and  responsibilities  as  the  owner 
of  the  lot  or  premises,  with  respect  to  keeping  the  same  clean, 
sanitary,  inoffensive  and  free  and  clear  of  all  noxious  substances  in 
the  vicinity  of  such  bill-board,  sign,  structure  or  device;  and  with 
respect  to  the  removal  of  snow  from  the  sidewalk  and  curb  in  front 
thereof.  (Id.,  §  2.) 

§  213.  Roof-signs,  special  provisions.  1.  Construction. — All  roof 
sign  structures  shall  be  so  constructed  as  to  leave  a  clear  space  of  at 
least  7  feet  between  the  roof  level  and  the  lowest  part  of  the  struc- 
ture, and  at  least  5  feet  between  the  vertical  supports  thereof;  such 
structures  shall  be  set  back  at  least  6  feet  from  the  face  of  the  front 
and  rear  walls  and  shall  not  interfere  with  any  openings  in  the  roof 
or  with  any  fire  escape.  Such  structures,  excepting  the  ornamental 


534  CODE   OP  ORDINANCES  OP  THE   CITY  OP  NEW  YORK 

surface  moulding  thereof,  shall  be  constructed  entirely  of  metal, 
including  the  uprights,  supports  and  braces  for  same,  and  shall  be 
required  to  bear  a  wind  pressure  of  not  less  than  30  pounds  to  the 
square  foot  of  area  subject  to  such  pressure.  (Id.,  §  3.) 

2.  Restrictions,  (a)  No  roof  sign  structure  having  a  tight,  closed 
or  solid  surface  shall  be  at  any  point  over  31  feet  above  the  roof  level. 

(b)  Roof  sign  structures  not  having  a  tight,  closed  or  solid  surface 
may  be  erected  upon  fireproof  buildings  to  a  height  not  exceeding 
75  feet  above  the  roof  level,  and  upon  non-fireproof  buildings  to  a 
height  not  exceeding  50  feet  above  the  roof  level,  but  the  portions  of 
such  structures  covered  and  exposed  to  wind  pressure  shall  not 
exceed  35  per  cent,  of  the  total  area.  (Id.,  §  3.) 

§  214.  Signs  on  walls.  1.  Construction. — No  sign  shall  be  erected 
upon  the  front,  rear  or  side  wall  of  any  building  so  as  to  project 
above  either  the  roof  cornice  or  parapet  wall,  or  above  the  roof  level, 
where  there  is  no  cornice  or  parapet  wall;  except  that  a  sign  erected 
at  a  right  angle  to  the  building  wall,  the  horizontal  width  of  which 
sign  parallel  to  such  wall  does  not  exceed  2  feet,  may  be  erected  to  a 
height  not  exceeding  2  feet  above  the  roof  cornice  or  parapet  wall, 
nor  above  the  roof  level  where  there  is  no  cornice  or  parapet  wall. 
A  sign  attached  to  a  corner,  and  parallel  to  the  vertical  line  of  such 
corner,  shall  be  deemed  erected  at  a  right  angle  to  the  building  wall. 
(Id.,  §  4.) 

2.  Restriction.  No  such  sign  shall  be  so  erected  as  to  cover  the 
doors  or  windows  of  any  building,  or  otherwise  prevent  free  ingress 
or  egress  to  or  from  any  window,  door  or  fire  escape  on  any  building. 
(Id.,  §  4.) 

§  215.  Illuminated  signs.  1.  Application  of  preceding  sections. — 
Except  as  hereinafter  specifically  prescribed,  all  provisions  of  §§  211 
to  214,  inclusive,  of  this  article,  shall  apply  to  the  continuance,  con- 
struction, alteration,  reconstruction,  and  maintenance  of  illuminated 
signs,  as  hereinafter  defined.  (As  amend,  by  ord.  eff.  May  2,  1916.) 

2.  Issue  of  permits.  All  permits  for  illuminated  signs  shall  be 
issued  by  the  city  clerk,  upon  application  therefor,  approved  by  the 
commissioner  of  water  supply,  gas  and  electricity  and  the  superin- 
tendent of  buildings  in  the  case  of  electric  signs,  and,  in  the  case  of 
gas  signs,  by  the  fire  commissioner  and  the  superintendent  of  build- 
ings. A  permit  or  renewal  thereof  issued  hereunder,  upon  the  expira- 
tion thereof  or  within  30  days  thereafter,  may  be  renewed  for  a 
period  of  1  year;  and,  upon  the  payment  by  the  applicant  of  the  fee 
therefor  and  the  surrender  of  the  old  permit,  accompanied  by 
satisfactory  proof  in  the  form  of  an  affidavit  that  the  illuminated  sign 
is  the  same  as  when  originally  licensed,  and  that  the  wiring  or  piping 
of  the  sign  is  in  good  condition  the  city  clerk  may  issue  the  permit, 
excepting  that  no  permits  shall  be  issued  under  the  provisions  of  this 
article  for  the  erection  and  maintenance  of  illuminated  signs,  oxecpt 
carriage  calls,  and  except  illuminated  signs  existing  upon  theatres, 
or  other  places  of  amusement,  upon  December  13,  1921,  on  a  build- 
ing in  the  Borough  of  Manhattan,  on  Fifth  avenue  between  Wash- 
ington square  north  and  110th  street,  or  on  34th  street  between 
Fourth  avenue  and  Seventh  avenue,  or  on  Madison  avenue,  be- 
tween 34th  street  and  72d  street,  or  on  57th  street,  between  Lex- 
ington avenue  and  Broadway.  Each  such  permit  shall  be  kept  upon 


1 


STREETS  535 

the  premises  \vhereon  the  sign  is  placed,  either  in  the  possession  of 
the  person  in  charge  or  his  agent. 

Adopted  Dec.  13,  1921;  Approved,  1921. 

3.  Definition.    Any  letter,  word,  model,  sign,  device  or  representa- 
tion, used  in  the  nature  of  an  advertisement,  announcement  or  direc- 
tion, illuminated  by  electricity  or  gas  extending  over  the  sidewalk, 
shall  be  deemed  to  be  an  illuminated  sign.    No  such  sign  shall  be 
illuminated  otherwise  than  by  electricity  or  gas.     (App.  Aug.  8, 
1916.) 

4.  Fee  for  permit.  The  applicant  for  a  permit  to  construct  or 
maintain  an  illuminated  sign  shall  pay  to  the  city  clerk  an  annual  fee 
of  10  cents  for  each  square  foot  of  sign  space  or  part  of  square  foot 
of  sign  space  displayed  on  such  sign,  to  be  computed  and  collected  by 
the  city  clerk.    The  square  feet  of  sign  space  on  one  side  of  an  illumi- 
nated sign,  however,  shall  be  deemed  to  constitute  the  entire  number 
of  square  feet  of  sign  space,  for  the  purpose  of  computing  the  license 
fee  referred  to  herein. 

5.  Consent  of  owner  of  adjoining  residence.     No  permit  shall  be 
issued  for  the  erection  of  an  illuminated  sign  upon  a  building  which 
adjourns  another  occupied  exclusively  as  a  private  residence,  until 
the  applicant  for  the  permit  shall  have  filed  the  written  consent  of 
the  owner  of  such  residence  to  the  erection  of  the  proposed  sign. 

6.  Restrictions,     a.  No  illuminated  sign  shall  extend  more  than 
8  feet  from  the  building  line,  except  that  on  authorized  marquise 
awnings  the  illuminated  signs  may  extend  the  entire  length  and  width 
of  the  awning,  but  not  more  than  2  feet  above,  nor  1  foot  belo\v  said 
awning;  nor  shall  any  such  sign  be  less  than  ten  feet  in  the  clear  above 
the  level  of  the  sidewalks  to  meet  the  same;  nor  shall  any  such  sign 
be  placed  upon  leased  premises  by  the  owner  of  the  fee  or  lessor 
without  the  consent  in  writing  of  the  lessee  or  sub-lessee,  as  the  case 
may  bo. 

No  illuminated  sign,  except  carriage  calls,  shall  hereafter  be  erected 
on  any  building  in  the  borough  of  Manhattan,  on  Fifth  avenue, 
between  Washington  square  north  and  110th  street,  or  on  34th  street . 
between  Fourth  avenue  and  Seventh  avenue,  or  on  Madison  avenue, 
between  34th  street  and  72d  street,  or  on  57th  street,  between 
Lexington  avenue  and  Broadway,  nor  shall  any  existing  illuminated 
sign  on  any  such  building  be  enlarged,  nor  shall  any  such  sign 
on  such  building  be  replaced  or  reconstructed  in  part  or  in  whole 
by  the  erection  of  a  new  illuminated  sign  or  part  thereof,  whether 
under  the  same  permit  or  a  renewal  thereof  or  under  another 
permit,  except  that  an  illuminated  sign  not  in  the  nature  of  an 
advertisement  may  be  erected  and  maintained  temporarily  on  Fifth 
avenue,  34th  street,  Madison  avenue  and  57th  street,  borough  of 
Manhattan,  for  a  period  of  not  more  than  one  month  in  connection 
with  the  celebration  of  a  patriotic  occasion  of  extraordinary  public 
interest  not  occurring  annually. 

Adopted  December  14,  1920.     Approved  December  23,  1920. 

b.  All  illuminated  signs  shall  be  constructed  entirely  of  metal  or 
other  incombustible  material,  except  the  insulation  thereof  if  such 
sign  is  to  be  illuminated  by  electricity,  including  the  uprights,  sup- 
ports, and  braces  for  the  same,  and  shall  be  properly  and  firmly 


536  CODE   OF   ORDINANCES   OP  THE   CITY   OF  NEW  YORK 

attached  to  the  building  and  so  constructed  as  not  to  be  or  become 
dangerous.  (As  amend.  June  20,  1916.) 

c.  If  such  sign  is  to  be  illuminated  by  gas,  the  gas  burners  for  same 
shall  be  located  entirely  inside  of  the  sign  and  so  arranged  and  pro- 
tected as  to  prevent  the  flame  from  being  extinguished  by  the  wind. 
A  shut-off  valve  shall  be  placed  on  the  gas  piping  extending  from  the 
building  to  the  sign,  and  so  arranged  as  to  permit  of  the  shutting  off 
of  the  gas  from  the  sign  on  the  outside  of  the  building,  in  case  of 
necessity.  (Ord.  effective  May  2,  1916.) 

§  216.  Unsafe  signs. — Should  any  fence,  sign,  bill-board  or  roof 
sign  or  sign  structure  be  or  become  insecure,  or  in  danger  of  falling,  or 
otherwise  unsafe,  in  the  opinion  of  the  superintendent  of  buildings, 
the  owner  thereof,  or  the  person  maintaining  the  same,  shall,  upon 
notice  from  the  superintendent,  forthwith  in  case  of  immediate 
danger,  and  in  any  case  within  10  days,  secure  the  same,  under  the 
supervision  of  and  in  the  manner  to  be  approved  by  the  superintend- 
ent, in  conformity  with  the  provisions  of  this  article.  (Ord.  May  29, 
1914.) 

§  217.  Unlawful  signs. — In  case  any  sign  or  sign  structure,  shall 
be  attached  at  other  than  a  right  angle  to  the  wall  of  the  building, 
extending  outside  the  building  line  and  projecting  above  the  roof 
cornice  or  parapet  wall,  or  above  the  roof  level,  where  there  is  no 
cornice  or  parapet  wall,  or  shall  be  so  erected  as  to  prevent  free 
ingress  and  egress  to  and  from  any  door,  window  or  fire  escape  of 
any  building,  the  fire  commissioner  shall  notify,  by  registered  mail, 
the  owner  or  lessee  thereof  to  alter  such  sign  or  structure,  so  as  to 
comply  with  this  article,  or  to  remove  the  same.  If  such  order  is 
not  complied  with  within  60  days,  the  fire  commissioner  shall  re- 
move such  sign  or  sign  structure  at  the  expense  of  the  o\vner  or  lessee 
thereof.  (Id.,  §  5.) 

§  218.  Alteration  of  existing  signs. — No  -existing  fence,  sign,  bill- 
board, or  roof  sign  or  sign  structure  shall  be  engarged,  rebuilt,  struc- 
turally altered,  or  relocated,  except  in  accordance  with  the  pro- 
visions of  this  article;  provided  that  this  requirement  shall  not  apply 
to  the  relettering  of  illuminated  signs,  except  where  such  relettering 
requires  a  change  of  the  wiring  or  piping  of  such  signs.  (Amend,  ord. 
effective  May  2,  1916.) 

§  219.  Exemptions. — No  part  of  the  foregoing  sections  of  this 
article  shall  apply  to  walls  constructed  wholly  or  principally  of 
stone,  marble,  brick,  terra  cotta,  concrete,  or  other  like  material 
composing  a  masonry  or  monolithic  wall;  nor  to  back  yard  fences 
on  the  ground  in  the  interior  of  a  court;  nor  to  picket  fences  and 
ornamental  metal  fences.  (Id.,  §  10.) 

§  220.  Retroactive  effect. — Except  as  expressly  provided  in  §§  216  and 
217  hereof,  this  article  shall  have  no  retroactive  effect.  (Id.,  §  12.) 

§  221.  Inspections. — Every  sign  or  sign  structure,  for  which  a  per- 
mit shall  have  been  issued  under  any  provision  of  this  article,  shall 
be  inspected  at  least  once  in  each  calendar  year,  by  or  under  the 
direction  of  the  superintendent  of  buildings  having  jurisdiction.  (Id., 
§6.) 

§  222.  Public  signs,  protection  of. — No  person  shall  injure,  deface, 
obliterate,  mar,  remove,  take  down,  loosen,  destroy  or  in  any  other 
manner  interfere  with  or  disturb  any  signboard  containing  the 


STREETS  537 

name  of  any  street  or  public  place,  whether  it  be  upon  public  or 
private  property.  (New.) 

§223.  Violations.  1.  Punishment. — No  person  shall  violate  any 
provision  of  this  article  under  a  penalty  of  $100  for  each  offense. 
No  sign  or  sign  structure  shall  be  maintained,  contrary  to  the  pro- 
visions of  this  article,  under  a  penalty  of  $10  for  each  day  or  part 
of  a  day  the  same  shall  be  so  maintained. 

2.  Abatement.  Except  as  otherwise  provided  in  this  article  any 
fence,  sign,  bill-board  or  roof -sign  structure  erected  or  maintained 
in  violation  of  this  article,  shall  be  subject,  upon  notice,  to  abatement 
by  the  superintendent  of  buildings  having  jurisdiction.  (Ord. 
May  29, 1914.) 


ARTICLE  17 

VAULTS 

Sec.  240.  General  provisions. 

§  241.  Construction. 

§  242.  Vault  openings;  protection  of . 

§  243.  Vault  covers  must  afford  secure  footing. 

§  244.  Violations. 

Sec.  240.  General  provisions.  1.  Definitions. — Whenever  used  in  this 
article,  the  term  vault  shall  be  deemed  to  mean  every  description 
of  opening  below  the  surface  of  the  street  that  is  covered  over,  as 
limited  by  subdivision  8  of  this  section,  in  front  of  any  improved  or 
unimproved  property,  except  cesspools  and  openings  which  are 
used  exclusively  as  places  for  descending  to  the  cellar  floor  of  any 
building  or  buildings,  by  means  of  steps.  Openings  over  which  sub- 
stantial and  safe  fixed  gratings  of  metal  or  other  non-combustible 
material  have  been  erected  in  accordance  with  the  provisions  of 
article  17,  provided  said  openings  be  used  primarily  for  light  and 
ventilation,  and  provided  such  gratings  are  of  sufficient  strength  to 
sustain  a  live  load  of  300  pounds  per  square  foot  as  provided  in  sub- 
division 8  of  section  53  of  article  3  of  chapter  5  and  are  constructed 
with  at  least  40  per  cent,  of  open  work,  shall  be  exempted  from 
payments  of  fees  for  permits  for  vaults. 

Adopted  December  18,  1917.    Became  effective  January  7,  1918. 

2.  Jurisdiction.  Each  borough  president  is  empowered  to  issue 
permits  for  the  construction,  maintenance  and  repair  of  vaults  in  the 
streets  within  his  jurisdiction.  (Amend,  by  ord.  app.  Aug.  8,  1916.) 

Where  a  vault  or  cellar  has  existed  for  thirty  years  there  is  a  presumption  that 
it  is  with  the  consent  of  the  municipal  authorities.  People  ex  rel.  Zeigler  v.  Collis, 
17  App.  Div.  448;  and  this  is  true  of  a  vault  existing  for  nine  years  to  the  extent 
that  it  is  not  considered  a  nuisance  per  se.  Babbage  v.  Powers,  130  N.  Y.  281. 
This  i.s  merely  a  presumption,  however.  Deshong  v.  City  of  New  York,  176  N.  Y. 
475.  A  permit  may  be  revoked  by  the  city.  Lincoln  Safe  Dep.  Co.  v.  City  of  New 
York,  96  App.  Div.  318.  Permit  for  vaults  in  public  highway  is  in  nature  of  rev- 
ocable private  cuscinent  which  can  be  fully  enjoyed  until  revoked.  N.  Y.  Steam 
Co.  v.  Foundation  Co.,  123  App.  Div.  254,  citing  Deshong  v.  City  of  New  York, 
17ti  \.  V.  17").  A  license  for  a  vault  does  not  justify  a  large  open  area.  City  of 
N.-w  York  v.  DcIVyHU-r,  120  App.  Div.  762,  aff'd  190  N.  Y.  547. 

S.-r  ;.lso  Appleton  v.  N.  Y.,  82  Misc.  258;  note  31  L.  R.  A.  (N.  S.)  868,  and  notes 
to  §  MO,  supra. 


538  CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

3.  Permits.    No  person   shall  cause  or  procure  any  vault  to  be 
constructed  or  made  in  any  street,  without  a  permit  from  the  borough 
president  having  jurisdiction  thereof.    Every  application  for  a  permit 
to  erect  such  vault  shall  be  in  writing,  signed  by  the  person  making 
the  same,  and  shall  state  the  number  of  square  feet  of  ground  which 
is  required  for  the  same,  and  the  intended  length  and  width  of  the 
same.    (C.  O.,  §§  170,  171.) 

Vault  constructed  in  1840  presumed  to  be  with  consent  of  proper  authorities. 
Title  Guarantee  v.  City  of  N.  Y.,  205  N.  Y.  496. 

The  City  of  New  York  has  the  power  to  regulate  and  authorize  vaults,  cellars, 
steps,  etc.,  for  the  greater  convenience  of  its  citizens.  See  Jorgensen  v.  Squires, 
144  N.  Y.  281;  McMillan  v.  Klaw  &  Erlanger,  107  App.  Div.  407.  And  where  a 
vault  has  existed  since  1876  without  a  permit,  held,  where  it  was  being  rebuilt,  the 
city  could  compel  being  paid  for  space  used  since  no  permit  could  be  proved,  and 
no  right  of  prescription  exists  as  against  the  public.  Deshong  v.  City  of  New  York, 
74  App.  Div.  234;  affirmed,  176  N.  Y.  475.  Where,  by  special  statute,  an  area 
space  in  a  tenement  was  covered  over,  held  not  to  be  a  vault  within  meaning  of 
ordinance.  Buck  v.  Collis,  17  App.  Div.  465.  The  charter  amendments  make  this 
inapplicable  now.  City  of  New  York  v.  Madison  Ave,  Real  Est.  Co.,  42  Misc. 
Rep.  535.  But  a  vault  erected  without  permission  in  a  dangerous  condition  must 
be  allowed  to  be  repaired  without  first  taking  out  a  permit.  People  v.  Collis,  17 
App.  Div.  448.  These  vault  permits  have  been  issued  since  May,  1857.  Deshong 
v.  City,  supra.  As  to  what  constitutes  a  "vault,"  see  City  of  New  York  v.  Buck, 
43  Misc.  663.  Where  a  permit  was  paid  at  suggestion  of  a  policeman,  held  pay- 
ment was  voluntary,  and  could  not  be  recovered  from  the  city.  Wolff  v.  City  of 
New  York,  92  App.  Div.  449. 

Payment  for  permit  held  to  be  voluntary  and  cannot  be  recovered.  Mahoney  v. 
City  of  N.  Y.,  145  App.  Div.  884. 

4.  Compensation.  Upon    receiving    such    permit,    the    applicant 
therefor  shall  forthwith  pay  to  the  borough  president  such  sum  as 
he  shall  certify  in  the  permit  to  be  a  just  compensation  to  the  city 
for  such  privilege,  calculated  at  the  rate  of  not  less  than  30  cents, 
nor  more  than  $2  per  foot,  for  each  square  foot  of  ground  mentioned 
as  required  for  such  vault.    (C.  O.,  §  172.) 

5.  Measurement.    In  the  case  of  a  new  vault,  before  the  arching 
or  covering  thereof  shall  be  commenced,  the  person  to  whom  the 
permit  for  such  vault  shall  have  been  granted  shall  cause  the  same 
to  be  measured  by  a  city  surveyor  who  shall  deliver  to  the  borough 
president  granting  the  permit  a  certificate,  signed  by  the  surveyor, 
specifying  the  dimensions  of  the  vault,  which  shall  be  accompanied 
by  a  diagram  showing  the  square-foot  area  of  the  vault,  including  its 
sustaining  walls,  and  indicating  its  location  relative  to  the  building 
and  curb  lines  and  to  the  nearest  intersecting  street  corner.     In 
the  case  of  an  existing  vault,  the  person  claiming  the  right  to  the 
use  thereof  shall  furnish  a  like  certificate  and  diagram  in  respect 
thereof,  but  in  such  case  the  measurement  shall  exclude  the  sustain- 
ing walls. 

6.  Refundments.  If,    from    subsequent    measurements,    it    shall 
appear  that  less  space  has  been  taken  than  that  paid  for,  the  per- 
mittee shall  be  entitled  to  receive  a  certificate  from  the  borough 
president  who  issued  the  permit,  showing  the  difference.     Upon 
the  presentation  of  said  certificate  of  difference  to  the  comptroller, 
he  shall  pay  a  rebate  to  the  permittee,  the  amount  of  which  shall 
be  the  difference  in  money  between  the  space  fee  originally  paid 
and  the  fee  for  space  actually  taken;  provided  the  surveyor's  certif- 
icate was  filed  on  or  after  the  1st  day  of  March,  1913.     (C.  O.,  §  172 
as  amend.) 


STREETS  539 

7.  Unauthorized  encroachments.  If  it  shall  appear  that  the  vault 
occupies  a  greatei  number  of  square  feet  than  shall  have  been  paid 
for  as  aforesaid,  the  owner  thereof  shall,  in  addition  to  the  penalty 
imposed  by  this  article,  forfeit  and  pay  twice  the  sum  previously 
paid  for  each  square  foot  of  ground  occupied  by  the  vault,  over  and 
above  the  number  of  square  feet  paid  for  as  aforesaid. 

8.  Limitation.  No  person  shall  erect  or  build,  or  cause  or  permit 
any  vault  to  be  made,  which  shall  extend  further  than  the  line  of  the 
sidewalk  or  curbstone  of  any  street.    (C.  O.,  §  173.) 

9.  Responsibility.  The  master  builder  who  shall  complete  or  begin 
the  construction  of  a  vault,  and  the  owner  or  person  for  whom  the 
same  shall  be  excavated  or  constructed  shall  be  liable  to  the  provi- 
sions, payments  and  penalties  of  this  article,  severally  and  respec- 
tively.    (C.  O.,  §  186.) 

§241.  Construction.  1.  Materials. — All  vaults  shall  be  constructed 
of  brick  or  stone,  and  the  outward  side  of  the  grating  or  opening  into 
the  street  shall  be  either  within  12  inches  of  the  outside  of  the  curb- 
stone of  the  sidewalk,  or  within  12  inches  of  the  coping  of  the  area 
in  front  of  the  house  to  which  such  vault  shall  belong.  All  grates 
of  vaults  shall  be  made  of  iron,  the  bars  whereof  shall  be  %  of  an 
inch  wide  and  ^  of  an  inch  thick,  and  not  more  than  %  of  an  inch 
apart.  (C.  O.,  §§  175-177.) 

2.  Completion  of  work.  All  vaults  shall  be  completed  and  the 
ground  closed  over  them  within  3  weeks  after  they  are  commenced. 
(C.  O.,  §  179.) 

§  242.  Vault  openings;  protection  of. — No  person  shall  remove  or 
insecurely  fix,  or  cause,  or  procure,  or  suffer,  or  permit  to  be  removed 
or  to  be  insecurely  fixed,  so  that  the  same  can  be  moved  in  its  bed, 
any  grate  or  covering  or  aperture  of  any  vault  or  chute  under  any 
street;  but  nothing  herein  contained  shall  prevent  the  owner  or 
occupant  of  the  building,  with  which  such  vault  shall  be  connected, 
from  removing  such  grate  or  covering,  for  the  proper  purpose  of  such 
vault  or  chute;  providing  he  inclose  the  opening  or  aperture,  and  keep 
the  same  inclosed  while  such  grate  or  covering  shall  be  removed, 
with  a  strong  box  or  curb  at  least  12  inches  high  firmly  and  securely 
made,  and  provided  that  openings  of  more  than  2  square  feet  of 
superficial  area  shall  be  inclosed  at  such  times  with  strong  railings 
not  less  than  3  feet  high,  to  be  approved  by  the  borough  president, 
and  provided  further  that  such  grates  or  coverings  shall  not  be  re- 
moved until  after  sunrise  of  any  day  and  shall  be  replaced  before 
one-half  hour  after  sunset.  (C.  O.,  §§  188-190;  B.  O.,  §  29.) 

§  243.  Vault  covers  must  afford  secure  footing. — The  police  commis- 
sioner shall  report  to  the  president  of  the  borough  having  jurisdiction 
the  name  and  address  of  the  owner  or  occupant  of  any  store,  dwelling 
or  other  building,  having  a  vault  under  the  sidewalk  in  front  thereof, 
the  cover  of  which  presents  a  'slippery  surface.  Thereupon,  the 
borough  president  shall  forthwith  notify  the  owner  or  occupant  to 
remove  such  coverings  within  30  days  and  substitute  therefor  another 
that  will  afford  secure  footing  for  pedestrians.  Each  borough  pres- 
ident shall  immediately  report  every  violation  of  this  section  to  the 
corporation  counsel  for  appropriate  action.  (C.  O.,  §  191.) 

§244.  1.  Violations. — No  person  shall  violate  any  provision  of 
this  article,  or  any  notice  or  special  direction  issued  thereunder, 


540  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

under  a  penalty  of  $100.  No  vault  shall  be  maintained  contrary  to 
the  provisions  of  this  article,  under  a  penalty  of  $10,  for  each  day 
or  part  of  a  day  the  same  shall  be  maintained.  (New.) 

By  ord.  effective  July  7,  1916,  "cisterns"  were  omitted. 


ARTICLE  18 

MISCELLANEOUS 

Sec.  250.  Flower  pots  on  window  ledges. 

§  251.  Missiles;  bean-shooters,  stone-throwing,  etc. 
§  252.  Tan  bark  on  streets. 

§  253.  Glass,  china  or  other  substances;  casting  of  on  streets;  re- 
moval of. 

Sec.  250.  Flower  pots  on  window  ledges. — No  person  shall  place  or 
keep  on  any  window  sill,  railing  or  balcony,  top  of  porch  or  any  other 
projection  from  any  house  or  other  building,  any  earthen  flower  pot, 
wooden  box  or  other  article  or  thing  whatever  for  the  cultivation  or 
retention  of  flowers,  shrubs,  vines  or  other  article  or  thing  whatever, 
unless  such  flower  pot,  box  or  other  article  is  securely  and  firmly 
fastened  or  protected  by  iron  railings,  so  as  to  render  it  impossible 
for  the  same  to  fall  into  the  street.  (Manh.  Ords.,  §  42.) 

§251.  Missiles;  bean-shooters,  stone-throwing,  etc. — No  bean- 
shooter  or  other  instrument  for  throwing  bullets,  stones  or  beans, 
shall  be  sold  or  offered  for  sale;  nor  shall  any  bean-shooter  or  other 
such  instrument  be  used  by  any  person  for  throwing  bullets,  stones  or 
other  missiles,  nor  be  carried  by  any  person,  with  the  intention  of 
being  so  used;  nor  shall  any  person  throw  or  cast  any  stone,  stick  or 
other  missile  in,  from  or  to  any  street  or  public  place.  (C.  O.,  §  549.) 

§  252.  Tan  bark  on  streets. — The  mayor  or  any  alderman,  the 
department  of  health,  the  police  commissioner,  or  the  inspector  or 
captain  of  police  assigned  to  the  precinct  in  which  the  premises  are 
situated,  shall,  upon  application,  grant  permission  to  lay  tan  bark  in 
the  carriageway  in  front  of  any  premises  occupied  by  a  sick  or  con- 
valescent person,  to  the  extent  of  500  feet  in  any  direction  from  said 
premises;  providing  all  expense  of  placing  and  removing  the  bark 
shall  be  paid  by  the  person  making  such  application.  The  bark  so 
placed  in  any  street  shall  be  removed,  upon  the  order  of  the  com- 
missioner of  street  cleaning,  within  5  days  after  the  recovery  or 
death  of  such  sick  or  convalescent  person,  and,  upon  failure  or  neglect 
to  comply  with  such  order,  then  it  shall  be  removed  by  the  commis- 
sioner, who  may  sue  for  and  recover  the  cost  of  such  removal  in  the 
manner  provided  for  the  collection  of  penalties.  (C.  O.,  §  273.) 

§  253.  Glass,  china,  or  other  substances;  casting  of  on  streets;  removal 
of. — Any  person,  having,  either  accidentally  or  otherwise,  caused 
glass,  china,  nails,  tacks  or  any  other  sharp  or  penetrating  substance, 
to  be  upon  the  surface  of  any  public  highway  shall  immediately  re- 
move the  same  from  the  place  where  thus  cast.  (New.  Ord.  effec- 
tive Dec.  4,  1916.) 


STREETS  541 

§  254.  Private  streets;  names  of,  restrictions. — No  private  street  or 
thoroughfare  shall  be  designated  in  name,  bear  a  name,  nor  shall 
any  name  be  maintained,  similar  to  a  street  or  thoroughfare  offi- 
cially named,  in  order  that  there  may  be  no  confusion  in  the  delivery 
of  mail,  merchandise  or  other  matter  to  persons  resident  on  officially 
designated  streets  or  thoroughfares. 

Adopted  Dec.  20,  1921.     Approved  Dec.  31,  1921. 


ARTICLE  19 

LAYING   AND   INSTALLATION   OP   PIPES,   MAINS  OB  CONDUITS 

Sec.  260.  Permit  required. 
§261.  Violations. 

Sec.  260.  Permit  required. — No  gas  company,  telephone  or  elec- 
tric light  company,  nor  any  person  or  association  of  persons,  shall 
be  allowed  to  lay  or  install  any  pipes,  mains  or  conduits  for  tne  use 
and  transmission  of  gas,  electricity,  pneumatic  power  or  steam,  or 
perform  any  work  that  is  under  the  jurisdiction,  cognizance  and 
control  of  the  commissioner  of  water  supply,  gas  and  electricity,  in 
any  street  or  public  place,  without  a  wiitten  permit  from  the  com- 
missioner of  water  supply,  gas  and  electricity. 

§  261.  Violations. — No  person  shall  violate  any  provision  of  this 
article,  or  any  notice  of  special  direction  thereunder,  under  a  penalty 
of  $100  for  each  offense. 

Adopted  February  4,  1919.    Approved  February  8,  1919. 


542  CODE   OP  ORDINANCES   OP  THE   CITY  OF   NEW   YORK 


CHAPTER  24 
Traffic  Regulations 

Article  1.  General  provisions. 

2.  Rules  of  the  road. 

3.  Miscellaneous  regulations. 

General  power  is  granted  expressly  in  section  50,  Greater  New  York  Charter, 
"to  regulate  the  use  of  streets  and  sidewalks  by  foot  passengers,  animals  and 
vehicles;  to  regulate  the  speed  at  which  horses  shall  be  driven  or  ridden  and  at 
which  vehicles  shall  be  propelled  in  the  street,"  and  further,  "to  make  ali  such 
regulations  in  reference  to  the  running  of  stages,  omnibuses,  trucks,  cars,  as  may  be 
necessary  for  the  convenient  use  and  accommodation  of  the  streets,  piers,  wharves 
and  stations."  But  all  such  regulations  must  be  reasonable.  Dunham  v.  Trustees 
of  Rochester,  5  Cow.  462.  Police  Commissioner  may,  by  sec.  300  of  the  Charter, 
regulate  traffic  on  streets  but  he  cannot  prohibit  traffic  or  even  deny  use  of  vehicles 
in  parts  of  certain  streets.  Peace  v.  McAdoo,  110  App.  Div.  13. 

By  §  315,  as  amend.  L.  1914,  ch.  455,  power  of  Police  Commissioner  to  regulate 
vehicular  traffic  is  further  extended. 

ARTICLE  1 

GENERAL  PROVISIONS 

Sec.  1.  Definitions. 

Sec.  1.  Definitions. — Unless  otherwise  expressly  stated,  whenever 
used  in  this  chapter,  the  following  terms  shall  be  respectively  deemed 
to  mean: 

1.  Curb,  the  lateral  boundaries  of  that  portion  of  a  street  designed 
for  the  use  of  vehicles,  whether  marked  by  curbstones  or  not  so 
marked; 

2.  Roadway,  that  portion  of  any  street  which  is  included  within 
the  curbs  or  curb  lines  thereof,  and  is  designed  for  the  use  of  vehicles; 

3.  Vehicle,    every   wagon,    carriage,    omnibus,    sleigh,    pushcart, 
bicycle,  tricycle  and  other  conveyance  (except  a  baby  carriage),  in 
whatever  manner  or  by  whatever  force  or  power  the  same  may  be 
driven,  ridden  or  propelled,  which  is  or  may  be  used  for  or  adapted 
to  pleasure  riding  or  the  transportation  of  passengers,  baggage  or 
merchandise  upon  the  street;  and  every  draught  and  riding  animal, 
whether  driven,  ridden  or  led;  provided  that  an  animal  or  animals 
attached  to  any  vehicle  shall,  with  such  vehicle,  constitute  but  one 
vehicle.     (C.  O.,  §  474.) 

ARTICLE  2 

RULES   OF  THE   ROAD 

Sec.  10.  Drivers;  age  limit. 

§  11.  Driving. 

§  12.  Lights. 

§  13.  Peddlers. 

§  14.  Riding  on  back  of  vehicle. 

§  15.  Right  of  way. 

§  16.  Obstruction  of  traffic. 

§  17.  Speed. 

§  18.  Safety  stops  for  omnibuses  and  street  surface  railway  cars. 


JLRAFFIC    REGULATIONS  543 

dec.  10.  Drivers;  age  limit. — Drivers  or  persons  in  charge  of  vehicles 
other  than  licensed  vehicles  shall  not  be  less  than  16  years  of  age, 
unless  provided  with  a  permit  from  the  police  department.  (C.  O., 
§  463.) 

§  11.  Driving.  1.  Keeping  to  the  right. — Vehicles  shall  keep  to  the 
right,  and  as  near  the  right  hand  curb  as  possible. 

2.  Meeting.     Vehicles  meeting  shall  pass  each  other  to  the  right. 

3.  Overtaking  others.     Vehicles  overtaking  others  shall,  in  passing, 
keep  to  the  left. 

4.  Turning  and  starting.     The  driver  or  person  having  charge  of 
any  vehicle,  before  turning  the  corner  of  any  street,  or  turning  out  or 
starting  from  or  stopping  at  the  curb  line  of  any  street,  shall  first  see 
that  there  is  sufficient  space  free  from  other  vehicles,  so  that  such 
turn,  stop  or  start  may  be  safely  made,  and  shall  then  give  a  plainly 
visible  or  audible  signal. 

5.  Turning  to  the  right  into  another  street.     A  vehicle  turning  to  the 
right  into  another  street  shall  turn  the  corner  as  near  to  the  curb  as 
practicable. 


THUS. 


6.  Turning  to  the  left  into  another  street.  A  vehicle  turning  to  the 
left  into  another  street  shall  pass  to  the  right  of  and  beyond  the 
center  of  the  street  intersection  before  turning. 


THUS. 


J   I 


*   • 
i 


1  -f 


7.  Crossing  streets.  A  vehicle  crossing  from  one  side  of  the  street 
to  the  other  shall  do  so  by  turning  to  the  left,  so  as  to  head  in  the 
same  direction  as  the  traffic  on  that  side  of  the  street. 

THUS. 


8.  Slow-moving  vehicles.     Vehicles  moving  slowly  shall  keep  as 
close  as  possible  to  the  curb  line  on  the  right,  so  as  to  allow  faster 
moving  vehicles  free  passage  on  the  left. 

9.  Signal  on  slowing  up  or  stopping.     In  slowing  up  or  stopping,  a 


544  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW   YORK 

signal  shall  always  be  given  to  those  behind,  by  vertically  raising  the 
whip  or  hand. 

10.  Stop-signals  to  automobiles.  Every  person  driving  an  automo- 
bile or  motor  vehicle  shall,  at  the  request  or  signal  by  putting  up  the 
hand,  from  a  person  driving  or  riding  a  restive  horse  or  horses,  or 
driving  domestic  animals,  cause  the  automobile  immediately  to  stop, 
and  to  remain  stationary,  as  long  as  may  be  necessary  to  allow  said 
horses  or  domestic  animals  to  pass. 

11.  Stopping.  Unless  in  an  emergency  or  to  allow  another  vehicle 
or  pedestrian  to  cross  its  path,  no  vehicle  shall  stop  in  any  public 
street,  except  close  to  the  <*irb  line.    Except  as  provided  in  §  16  of 
this  article  or  in  case  of  accident  or  other  emergency,  or  when  di- 
rected to  stop  by  the  police,  no  vehicle  shall  stop,  in  such  a  way  as 
to  obstruct  any  street  or  crossing,  for  the  purpose  of  taking  on  or 
setting  down  a  passenger,  or  loading  or  unloading  freight,  or  for  any 
other  purpose.    No  vehicle  shall  stop  or  stand  within  the  intersec- 
tion of  any  street,  nor  within  10  feet  of  a  street  corner. 

12.  Standing  at  curb.  In  no  case  shall  a  vehicle  remain  backed  up 
to  the  curb,  except  when  actually  loading  or  unloading,  and  no 
vehicle  shall  stop  with  its  left  side  to  the  curb. 

13.  Obstructing  traffic.  No  vehicle    shall  be  allowed  to  remain 
upon  or  be  driven  through  any  street,  so  as  willfully  to  blockade  or 
obstruct  the  traffic  of  that  street. 

14.  Overloading  teams.  No  vehicle  shall  be  so  overloaded  that  the 
horse  or  motor  attached  thereto  shall  be  unable  to  draw  or  propel  it. 
(Rules  of  Road  Ord.  Dec.  14,  1903.) 

15.  Horses;  care  of.  A  horse  shall  not  be  unbridled,  nor  left  un- 
attended in  a  street  or  unenclosed  space  without  being  securely 
fastened,  unless  harnessed  to  a  vehicle  with  wheels  so  secured  as  to 
prevent  its  being  dragged  faster  than  a  walk.    (New.) 

Adopted  June  12,  1917.     Became  effective  June  26,  1917. 

Sub.  13  must  show  a  wilful  violation  beyond  a  reasonable  doubt.  People  v. 
Harden,  110  Misc.  72. 

§  12.  Lights.  1.  Horse  drawn  vehicles. — Every  vehicle  using  the 
streets  shall  show  between  sunset  and  sunrise,  a  light  or  lights,  so 
placed  as  to  be  seen  from  the  front,  rear  and  each  side.  If  a  dash 
lantern  is  carried,  it  shall  be  placed  on  the  left-hand  side.  Such  light 
or  lights  shall  be  of  sufficient  illuminating  power  to  be  visible  at  a 
distance  of  200  feet,  and  shall  show  white  in  front,  but  may  be  colored 
on  the  sides  and  rear. 

2.  Motor  vehicles.  Every  motor  vehicle,  except  motor  cycles,  shall 
exhibit,  during  the  period  specified  in  the  preceding  subdivision,  2 
white  lights,  visible  at  a  distance  of  300  feet  in  the  direction  toward 
which  the  vehicle  is  proceeding,  and  shall  also  exhibit  a  red  light, 
visible  in  the  reverse  direction.    The  lights  shall  be  so  placed  as  to 
be  free  from  obstruction  by  other  parts  of  said  vehicle.    No  operator 
of  any  motor  vehicle,  while  operating  the  same  upon  any  street,  shall 
use  any  acetylene,  electric  or  other  headlight,  unless  it  shall  be  so 
shaded  as  not  to  blind  or  dazzle  other  users  of  the  highway,  or  make 
it  difficult  or  unsafe  for  them  to  ride,  drive  or  walk  thereon.    (C.  O., 
§  458  as  amend.) 

3.  Motor-cycles.  All  motor-cycles  shall  be  subject  to  the  provi- 
sions of  subdivision  1  of  this  section.     (New.) 


TRAFFIC    REGULATIONS  545 

4.  Exceptions.  This  section  shall  not  apply  to  any  equestrian;  nor 
to  any  animal  led  or  driven  and  not  attached  to  any  vehicle;  nor  to 
the  rider  of  a  bicycle,  tricycle  or  similar  vehicle,  whose  light  has 
become  extinguished,  or  who  is  necessarily  absent  from  his  home, 
without  a  light,  when  going  at  a  pace  not  exceeding  6  miles  an  hour, 
and  giving  a  clearly  audible  signal  as  often  as  30  feet  are  passed  over. 
(C.  O.,  §459.) 

§  13.  Peddlers.  1.  General  regulations. — No  peddler,  vender, 
hawker  or  huckster  shall  permit  any  cart,  wagon  or  vehicle  owned  or 
controlled  by  him,  to  stop,  remain  upon  or  otherwise  encumber  any 
street  in  front  of  any  premises,  the  owner  of  or  lessee  of  the  ground 
floor  thereof  objecting  thereto.  No  peddler,  vender,  hawker  or 
huckster  shall  permit  his  cart,  wagon  or  vehicle  to  stand  on  any 
street,  within  25  feet  of  any  corner  of  the  curb,  or  to  stand  at  any 
time  on  any  sidewalk,  nor  within  five  hundred  feet  of  any  public 
market  except  on  Sunday. 

Adopted  December  18,  1917.    Became  effective  January  7,  1917. 

2.  Restricted  streets.  No  peddler,  vender,  hawker  or  huckster 
shall  stop  or  remain,  between  8  o'clock  a.  m.  and  6  o'clock  p.  m.,  in 
the  borough  of  Manhattan,  on: 

Amsterdam  avenue,  between  67th  and  70th  streets; 

Avenue  A,  between  Houston  and  7th  streets; 

Avenue  B,  from  Houston  to  14th  streets; 

Avenue  C,  from  Houston  to  14th  streets; 

Centre  street,  from  New  Chambers  street  to  Park  Row; 

Chambers  street,  between  Broadway  and  Centre  street; 

Fifth  avenue,  from  Washington  Square,  North,  to  120th  Street; 

First  avenue,  between  2d  and  9th  streets; 

Fulton  street,  between  Broadway  and  Pearl  street; 

Nassau  street,  between  Spruce  and  Wall  streets; 

Park  avenue,  from  lllth  to  134th  streets; 

Park  Row,  from  New  Chambers  to  Ann  streets; 

Sixth  avenue,  between  4th  and  23rd  streets; 

West  End  avenue,  between  67th  and  70th  streets; 

14th  street,  between  4th  and  7th  avenues; 

23d  street,  between  4th  and  7th  avenues; 

42d  street,  between  the  westerly  side  of  Park  avenue  and  the  east- 
erly side  of  Broadway; 

67th,  68th  and  69th  streets,  from  Amsterdam  avenue  to  the  Hud- 
son River; 

125th  street,  between  the  westerly  side  of  3d  avenue  and  the  east- 
erly side  of  Morningside  avenue; 

The  territory  bounded  by  56th  street,  3d  avenue,  74th  street  and 
the  East  River,  except  the  space  beneath  the  Queensboro  Bridge, 
lying  within  said  bounds,  set  apart  for  market  purposes; 

The  territory  bounded  by  Market  street,  Division  street,  Jeffer- 
son street  and  the  East  River. 

All  streets  lying  within  the  territory  bounded  by  134th  street, 
Amsterdam  avenue,  158th  street  and  the  North  River,  Manhattan. 

All  streets  lying  within  the  territory  bounded  by  134th  Street, 
Amsterdam  Avenue,  181st  Street  and  the  North  River,  Manhattan. 

Lenox  Avenue,  between  123rd  and  127th  Streets;  Morningside 
Avenue,  between  123rd  and  127th  Streets;  Seventh  Avenue,  between 


546  CODE  OF  ORDINANCES  OP  THE  CITY  OP  NEW  YORK 

123rd  and  127th  Streets;  Eighth  Avenue,  between  123rd  and  127th 
Streets;  St.  Nicholas  Avenue,  between  123rd  and  127th  Streets. 

Vesey  Street,  between  Broadway  and  Church  Street. 

28th  Street,  between  4th  and  6th  Avenues;  29th  Street,  between 
4th  and  6th  Avenues. 

34th  Street,  between  5th  Avenue  and  Broadway. 

6th  Avenue,  between  23rd  and  30th  Streets, 

The  territory  bounded  by  73rd  Street,  First  Avenue,  74th  Street, 
Second  Avenue,  73rd  Street,  Third  Avenue,  74th  Street,  Lexington 
Avenue,  84th  Street,  Third  Avenue,  83rd  Street,  Second  Avenue, 
82nd  Street  and  the  East  River. 

The  territory  bounded  by  82nd  Street,  Second  Avenue,  84th 
Street,  Lexington  Avenue,  88th  Street,  Second  Avenue,  91st  Street 
and  the  East  River. 

Sixth  Avenue  between  30th  and  59th  Street. 

Broadway,  between  Bowling  Green  and  134th  Street; 

Thirty-fourth  street,  between  Fourth  and  Seventh  Avenues; 

The  territory  bounded  by  56th  street,  3d  avenue,  74th  street  and 
the  East  River,  except  the  space  beneath  the  Queensborp  Bridge, 
and  for  peddlers  operating  with  horse  and  wagon,  lying  within  said 
bounds  set  apart  for  market  purposes; 

The  territory  bounded  by  82nd  street,  2d  avenue,  84th  street, 
Lexington  avenue,  88th  street,  2d  avenue,  91st  street  and  the  East 
River,  except  for  peddlers  operating  with  horse  and  wagon; 

The  territory  bounded  by  the  southerly  side  of  113th  street, 
Morningside  drive,  the  northerly  side  of  122d  street  and  the  westerly 
side  of  Amsterdam  avenue; 
The  Bronx,  on: 

Claremont  Parkway,  from  Crotona  Park  to  Claremont  Park; 

Jennings  street,  between  Wilkins  avenue  and  Southern  boule- 
vard; 

Prospect  avenue,  between  160th  and  163d  streets; 

Southern  Boulevard,  between  Wilkins  avenue  and  Jennings  street; 

Wilkins  avenue,  between  Freeman  and  E.  170th  streets; 

161st  street,  between  Prospect  and  Union  avenues. 

St.  Ann's  Avenue,  between  133rd  and  141st  Streets,  or  on  139th 
Street  between  Brook  and  St.  Ann's  Avenues. 

Union  Avenue,  between  160th  and  163rd  Streets,  Bronx. 

Union  Avenue  between  165th  Street  and  Freeman  Street,  Prospect 
Avenue  between  165th  Street  and  Freeman  Street,  Stebbins  Avenue 
between  165th  Street  and  Freeman  Street,  169th  Street  between 
Tinton  Avenue  and  Intervale  Avenue,  168th  Street  between  Tinton 
Avenue  and  Prospect  Avenue,  Home  Street  between  Tinton  Avenue 
and  Intervale  Avenue,  167th  Street  between  Tinton  Avenue  and 
Intervale  Avenue,  166th  Street  between  Tinton  Avenue  and  Steb- 
bins Avenue,  165th  Street  between  Tinton  Avenue  and  Intervale 
Avenue. 

East  Tremont  Avenue,  between  Webster  Avenue  and  Boston  Road. 

All  intervening  avenues  or  streets  bounded  on  the  south  by  West- 
Chester  avenue,  on  the  north  by  East  158th  street,  on  the  west  by 
Trinity  avenue  and  on  the  east  by  Jackson  avenue. 

152nd  street,  between  Westchester  avenue  and  Tinton  avenue. 

Brook  avenue,  between  144th  street  and  Westchester  avenue. 


TRAFFIC    REGULATIONS  547 

Fox  Street,  between  East  167th  Street  and  East  165th  Street,  and 
East  165th  Street  between  Intervale  Avenue  and  Fox  Street. 

Wales  Avenue  from  150th  Street  to  Westchester  Avenue. 

Tinton  Avenue  from  150th  Street  to  Westchester  Avenue. 

152nd  Street  from  Tinton  Avenue  to  Prospect  Avenue. 

Union  Avenue  from  150th  Street  to  Westchester  Avenue. 

Charlotte  Street  from  Jennings  Street  to  170th  Street,  and  Min- 
ford  Place  from  the  North  side  of  Jennings  Street  to  172nd  Street. 

East  160th  Street  between  Union  Avenue  and  Forest  Avenue. 

Southern  Boulevard  from  174th  Street  to  180th  Street. 

Adopted  at  various  times  during  1917. 

Morris  avenue,  between  149th  and  155th  streets; 

149th,  150th,  151st,  152d,  153d,  154th  and  155th  streets,  between 
Morris  and  Courtlandt  avenues. 
Brooklyn,  on: 

Manhattan  avenue,  between  Driggs  and  Vernon  avenues; 

Montrose    avenue,    between    Broadway    and    Bushwick    place. 

Queens  on:  4th  street  from  Vernon  avenue  to  Jackson  avenue, 
Long  Island  City. 

(C.  ().,  Ch.  24,  §  13,  as  amended  at  various  times.) 

None  of  the  provisions  of  this  section  shall  be  construed  as  regu- 
lating the  crying  or  hawking  of  newspapers.  (C.  O.,  §  347.) 

§  14.  Riding  on  back  of  vehicles. — No  person  shall  ride  upon  the 
back  of  any  vehicle  without  the  consent  of  the  driver,  and  when 
riding  no  part  of  a  person's  body  shall  protrude  beyond  the  limits  of 
the  vehicle.  (C.  O.,  §  464.) 

§  15.  Right  of  way,  1.  Direction. — On  all  streets  and  public  places, 
all  vehicles  going  in  a  northerly  or  southerly  direction  shall  have  the 
right  of  way  over  any  vehicle  going  in  an  easterly  or  westerly  direc- 
tion. (C.  O.,  §  448a.) 

2.  Vehicles  having  precedence.     The  officers  and  men  of  the  fire 
department  and  of  the  fire  patrol,  with  their  apparatus  of  all  kinds, 
when  going  to,  or  on  duty  at,  or  returning  from  a  fire;  all  ambulances, 
whether  of  public  or  private  character,  and  all  other  vehicles  when 
employed  in  carrying  sick  or  injured  persons  to  hospitals  or  other 
places  for  relief  or  treatment;  vehicles  of  the  police  department; 
vehicles  of  the  several  bureaus  of  buildings;  emergency  vehicles  of 
the  department  of  water  supply,  gas  and  electricity  and  of  public 
service  corporations,  and  vehicles  of  all  physicians  who  have  a 
police  permit  shall  have  the  right  of  way  in  any  street  and  through 
any  procession,  except  over  vehicles  carrying  the  United  States 
mail.    The  police  department  is  hereby  empowered  to  issue  a  permit 
for  such  right  of  way  to  any  duly  registered  physician,  making 
application  therefor,  which  permit  shall  not  be  transferable. 

Adopted  April  16,  1918.    Approved  April  27,  1918. 

3.  Street  cars.    Subject  to  the  preceding  subdivisions  of  this  sec- 
tion, surface  cars,  running  on  tracks  laid  in  the  streets  especially  for 
their  use,  shall  have  the  right  of  way  along  such  tracks,  between  cross 
streets,  over  all  vehicles  moving  in  the  same  direction  at  a  less  rate  of 
speed  than  15  miles  an  hour.    The  driver  of  any  vehicle  proceeding 
upon  the  track  in  front  of  a  surface  car  shall  turn  out  as  soon  as  pos- 
sible upon  signal  by  the  motorman  or  driver  of  the  car.    (C.  0.,  §  450. ) 


548  CODE    OF   ORDINANCES    OF   THE   CITY    OF   NEW    YORK 

§  16.  Obstruction  of  traffic.  1.  General  provision. — No  person  shall 
stop  a  cart,  or  any  other  vehicle,  on  any  crosswalk  or  intersection  of 
streets,  so  as  to  obstruct  or  hinder  the  travel  along  the  same;  nor 
place  any  cart  or  other  vehicle  crosswise  of  any  street,  except  to 
load  thereon  or  unload  therefrom,  but  in  no  case  shall  any  person 
permit  such  cart  or  other  vehicle  to  remain  crosswise  of  any  street 
for  a  longer  period  than  may  be  actually  necessary  for  such  purpose. 

2.  Streets  used  by  surface  cars.     The  owner  or  occupant  of  any 
store,  warehouse  or  building  in  any  street,  in  which  the  rails  of  any 
railroad  company  are  laid  so  close  to  the  curbstones  as  to  prevent  the 
owner  or  occupant  from  keeping  any  such  cart  or  other  vehicle  in 
the  carriageway  in  front  of  his  place  of  business,  without  interference 
with  the  passing  cars  of  any  such  company,  may,  during  business 
hours,  occupy  so  much  of  the  sidewalk  as  may  be  necessary  for  a 
cart  or  other  vehicle;  provided  that  sufficient  space  be  allowed  for  the 
passing  of  pedestrians  between  the  cart  or  other  vehicle  and  the 
stoop  or  front  of  every  such  store,  warehouse  or  other  building. 

3.  Broadway,  Fifth  avenue  and  Park  row.     In  no  case  shall  any 
cart,  wagon  or  other  vehicle  be  placed  crosswise  of  the  carriageway  on 
Broadway  or  Fifth  avenue,  south  of  59th  street,  in  the  borough  of 
Manhattan,  nor  on  Park  row,  in  that  borough;  nor  shall  any  such 
cart,  wagon  or  other  vehicle  be  permitted  to  remain  in  front  of  any 
premises  on  Broadway  or  Fifth  avenue v  south  of  59th  street,  nor  on 
Park  row,  unless  placed  in  close  proximity  to  the  curb,  with  the  side 
of  such  cart,  wagon  or  other  vehicle  parallel  therewith.     (C.  §  443.) 

§  17.  Speed.  1.  General  provisions. — No  person  shall  operate, 
drive  or  propel,  and  no  owner  thereof  riding  thereon  or  therein  shall 
cause  or  permit  to  be  operated,  driven  or  propelled,  on  any  street 
or  public  place,  any  bicycle,  tricycle,  velocipede,  motor-cycle,  motor- 
tricycle,  motor  delivery  wagon,  or  motor  vehicle  however  propelled, 
or  any  vehicle  drawn  by  horses  or  other  animals,  recklessly  or  neg- 
ligently, or  at  a  speed  or  in  a  manner  so  as  to  endanger,  or  to  be  likely 
to  endanger,  the  life  or  limb  or  property  of  any  person.  A  rate  of 
speed  exceeding  15  miles  per  hour  shall  constitute  prima  facie 
evidence  of  a  prohibited  rate  of  speed  and  manner  of  driving,  and  of 
a  violation  of  the  provisions  of  this  section;  a  rate  of  speed  exceeding 
20  miles  per  hour  shall  constitute  a  prohibited  rate  of  speed  and 
manner  of  driving,  and  a  violation  of  the  provisions  of  this  section, 
and  a  rate  of  speed  exceeding  25  miles  per  hour,  on  a  public  highway 
which  passes  through  country  or  outlying  section  that  are  substan- 
tially undeveloped  and  sparsely  settled,  shall  constitute  a  prohibited 
rate  of  speed  and  manner  of  driving,  and  a  violation  of  the  pro- 
visions of  this  section. 

A  rate  of  speed  exceeding  eight  miles  per  hour,  on,  over  or  across 
any  street  in  those  sections  of  the  borough  of  Manhattan  lying  west 
of  Broadway  and  south  and  west  of  Bleecker  street;  east  of  Broad- 
way and  south  of  Houston  street,  or  on,  over  or  across  any  such 
street  in  said  borough  through  which  there  is  or  may  be  operated 
any  elevated  railroad  trains,  shall  constitute  a  prohibited  rate  of 
speed  and  manner  of  driving,  and  a  violation  of  this  section. 

Adopted  December  2,  1918.     Approved  December  13,  1918. 
§  454,  as  to  speed  motor  vehicles  in  N.  Y.  City  not  repealed  by  Highway  Law, 
§§  280,  287,  288,  as  amend,  fixing  30  miles.  People  v.  Untermyer,  15  App.  Div.  176. 


TRAFFIC    REGULATIONS  549 

As  to  liability  for  accidents  by  speeding  fire  wagons.  Farley  v.  Mayor,  152  N.  Y. 
222. 

As  to  Motor  Vehicle  Law  of  1904,  see  People  ex  rel.  Heiner  v.  Keeper,  etc.,  55 
Misc.  611. 

Limit  to  6  miles  an  hour,  valid.  City  of  Buffalo  v.  N.  Y.  &  Lake  Erie,  54  St. 
Rep.  150. 

Changing  from  horse  to  electric  power  must  still  observe  speed  limitations. 
Martineau  v.  Rochester  Ry.  Co.,  81  Hun,  263. 

The  Board  of  Aldermen  has  no  power  to  pass  special  resolutions  for  speed  trials. 
Such  trials  in  the  public  highway  are  nuisances  for  which  the  city  may  be  liable. 
Johnson  v.  City  of  N.  Y.,  109  App.  Div.  821. 

2.  Turning  corners.  In  turning  a  corner  of  meeting  or  intersecting 
highways,  no  person  operating,  driving  or  propelling  any  vehicle 
subject  to  the  provisions  of  subdivision  1  of  this  section  shall  pro- 
ceed, nor  shall  the  owner  of  any  such  vehicle  riding  thereon  or  therein, 
cause  or  permit  the  same  to  proceed  at  a  rate  of  speed  greater  than 
4  miles  per  hour. 

3.  Overtaking  or  meeting  street  car.  In  overtaking  or  meeting  a 
street  car,  which  has  been  stopped  for  the  purpose  of  receiving  or 
discharging  a  passenger,  no  vehicle  that  is  subject  to  the  provisions  of 
subdivision  1  of  this  section  shall  pass  or  approach  within  8  feet  of 
such  car  so  long  as  the  same  is  stopped  and  remains  standing,  for  the 
purpose  aforesaid. 

People  v.  Colan,  Rosal.sky,  J.,  N.  Y.  L.  J.,  Apl.  23,  1914.  Owner  liable  as  well 
as  chauffeur  for  stopping  within  3  feet  of  car  which  had  stopped,  and  section  has  two 
offenses,  (1)  speeding,  and  (2)  not  stopping  near  street  car  taking  passengers. 

4.  Approaching  bridges;  passing  public  schools.  Upon  approaching 
a  bridge,  or  in  passing  a  public  school  on  school  days,  between  the 
hours  of  8  o'clock  a.  m.  and  4  o'clock  p.  m.,  no  person  operating, 
driving  or  propelling  any  vehicle  subject  to  the  provisions  of  sub- 
division 1  of  this  section  shall  proceed,  nor  shall  the  owner  of  any 
such  vehicle  riding  thereon  or  therein  cause  or  permit  the  same  to 
proceed  at  a  rate  of  speed  greater  than  10  miles  per  hour.     (Ord. 
Apr.  29,  1913.) 

5.  Congested  streets.  In  the  thickly  populated  residential  sections 
of  the  city,  the  police  commissioner  is  hereby  authorized  and  em- 
powered to  cause  signs  to  be  erected  or  maintained  in  any  street 
thereof,  at  any  time  of  the  day  or  night  when  such  street  shall  be 
congested  by  traffic  or  thronged  by  children,  which  shall  be  affixed 
to  stanchions  on  the  curb  or  other  conspicuous  places,  and  shall 
indicate  that  the  speed  limit  in  such  street  shall  be  not  more  than 
8  miles  per  hour.     No  person  operating   driving  or  propelling  any 
vehicle,  subject  to  the  provisions  of  [subdivision  1  of  this  section, 
shall  proceed,  nor  shall  the  owner  of  any  such  vehicle  riding  thereon 
or  therein,  cause  or  permit  the  same  to  proceed  at  a  greater  speed 
than  8  miles  per  hour  upon  any  portion  of  any  street  so  restricted, 
during  the  time  when  any  such  sign  shall  be  erected  and  maintained 
thereon.     (Ord.  July  7,  1914.) 

5a.  No  person  operating,  driving  or  propelling  any  vehicle,  sub- 
ject to  the  provisions  of  subdivision  1  of  this  section,  shall  proceed, 
not  shall  the  owner  of  any  such  vehicle  riding  thereon  or  therein, 
cause  or  permit  the  same  to  proceed  at  a  greater  speed  than  8  miles 
per  hour,  upon  any  portion  of  the  following  streets:  Washington 
Avenue  from  167th'Street  to  175th  Street;  Brook  Avenue  from  169th 
Street  to  Claremont  Parkway;  and  Bathgate  Avenue  from  Claremont 


550  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

Parkway  to  Tremont  Avenue,  and  Claremont  Parkway,  from  Crotona 
Park  to  Claremont  Park,  in  the  Borough  of  The  Bronx.     (New.) 

Adopted  July  3,  1917.    Became  effective  July  17,  1917. 

6.  Exceptions.  Nothing  contained  in  any  of  the  provisions  of 
subdivision  1  of  this  section,  as  to  specific  rates  of  speed,  or  in  any 
of  the  provisions  of  either  subdivisions  2,  3,  4  or  5  hereof  shall  apply 
to  vehicles  which  run  only  on  rails  or  tracks;  or  to  any  of  the  follow- 
ing vehicles,  when  the  same  are  responding  for  emergency  work  in 
case  of  fire,  accident,  public  disaster  or  impending  danger,  to  wit: 
wagons,  trucks  and  apparatus  of  the  fire  department,  the  insurance 
patrol,  the  police  department,  the  bureaus  of  buildings  or  the  militia; 
nor  to  ambulances  or  the  emergency  repair  wagons  of  public  service 
corporations.     (Ord.  Apr.  29,  1913,  as  amend.) 

7.  Violations.  Any  person  who  shall  operate,  drive  or  propel  and 
any  owner  thereof,  riding  thereon  or  therein,  who  shall  cause  or 
permit  any  vehicle  subject  to  the  provisions  of  subdivision  1  of  this 
section,  to  be  separated,  driven  or  propelled  in  violation  of  any  of 
the  provisions  of  this  article,  shall,  upon  conviction  for  the  first 
offense,  be  punished  by  a  fine  of  not  less  than  $25,  nor  more  than 
$100,  or  by  imprisonment  for  a  term  of  not  less  than  2  days  nor 
more  than  15  days,  or  by  both  such  fine  and  imprisonment,  and  shall, 
upon  conviction  for  the  second  offense,  within  1  year  from  the  com- 
mission of  the  first  offense,  be  punished  by  a  fine  of  not  less  than  $50, 
nor  more  than  $100,  or  by  imprisonment  for  a  term  of  not  less  than 
3  days  nor  more  than  30  days,  or  by  both  such  fine  and  imprison- 
ment, and  shall  upon  conviction  for  the  third  offense,  and  for  each 
and  every  offense  subsequent  thereto,  within  1  year  from  the  com- 
mission of  the  first  offense,  be  punished  by  a  fine  of  $100,  or  by 
imprisonment  for  a  term  of  not  less  than  5  days  nor  more  than  60 
days,  or  by  both  such  fine  and  imprisonment;  provided,  however, 
that  in  construing  this  section  the  unit  of  any  one  year  shall  be  the 
basis  for  determining  the  " first,"   "second"  or  "third"  offense, 
the  numerical  order  changing  when  succeeding  convictions  occur, 
and  more  than  one  year  has  elapsed  after  an  original  "first,"  " second " 
or  "third"  offense.     (Ord.  Apr.  29,  1913,  amend.  Mar.  18,  1914.) 

§  18.  Safety  stops  for  omnibuses  and  street  surface  railroad  cars. 
1.  Fire  shops,  school  stops. — All  omnibuses  and  street  surface  railway 
cars  shall  come  to  a  full  stop: 

(a)  At  all  points  where  a  "Fire  Stop"  sign  is  exhibited: 

(b)  At  all  points  where  a  "School  Stop"  sign  is  exhibited,  between 
the  hours  of  8  a.  m.  and  9  a.  m.,  12  noon  and  1  p.  m.  and  3  p.  m.  and 
5  p.  m.,  except  on  Saturdays,  Sundays,  and  legal  holidays  and  during 
the  period  from  July  1  to  September  1,  inclusive.    Each  borough 
president  is  hereby  authorized  to  erect  signs,  bearing  the  words 
"School  Stop,"  on  each  side  of  streets  within  his  jurisdiction  which 
intersect  or  meet  the  street  on  which  a  school  is  located,  within  500 
feet  from  such  intersecting  or  meeting  street.    Such  signs  may  be 
placed  on  lamp  posts,  street  sign  posts,  trolley  poles,  trolley  span 
wires,  or  other  available  supports,  or,  m  the  absence  of  any  such 
existing  structure,  on  such  new  supports  as  he  may  find  necessary. 

Adopted  July  3,  1917.    Became  effective  July  17,  1917. 

2.  Passenger  stops.  Street  surface  railway  cars  when  signaled  to 


TRAFFIC  REGULATIONS  551 

take  on  or  discharge  passengers  shall  come  to  a  full  stop,  in  such  a 
position  as  not  to  obstruct  the  crosswalk,  before  crossing  any  inter- 
secting or  connecting  street;  except  that,  with  the  written  consent  of 
the  police  commissioner,  and  upon  the  installation  of  " Trolley  Stop" 
signs  by  the  railway  company,  street  surface  railway  cars  may  stop: 

(a)  At  other  points  on  unpaved  streets; 

(b)  In  the  centers  of  blocks  over  400  feet  long; 

(c)  On  the  far  side  of  any  street  containing  an  intersecting  street 
railway. 

The  provisions  of  this  subdivision  shall  apply  also  to  omnibuses, 
except  that  omnibuses  when  signaled  to  take  on  or  discharge  pas- 
sengers shall  come  to  a  full  stop,  in  such  a  position  as  not  to  obstruct 
the  crosswalk,  after  crossing  any  intersecting  or  connecting  street, 
and  provided  that  the  provisions  of  clause  (c)  when  applied  to 
omnibuses  shall  have  reference  to  the  near  side  instead  of  the  far 
side  of  any  street  containing  an  intersecting  street  railway.  "Bus 
Stop"  signs  to  be  used  instead  of  "Trolley  Stop"  signs. 

3.  Intersecting  streets.  Street  surface  railway  cars  may  cross  an 
intersecting  or  connecting  street  without  stopping;  provided  that, 
in  each  case,  the  police  commissioner  shall  have  given  his  written 
consent  to  such  crossing,  and  the  railway  company  shall  have  in- 
stalled a  "No  Stop"  sign  at  such  crossing,  and  provided  further 
that  there  shall  be  a  regular  stopping  place  with  a  "Trolley  Stop" 
sign  installed  thereat,  within  200  feet  of  the  "No  Stop"  sign.     (As 
amend,  ord.  effective  July  17,  1916.) 

4.  Violations.  Any  omnibus  company  or  street  surface    railway 
company  violating  any  provision  of  this  section,  shall,  upon  con- 
viction, be  punished  by  a  fine  of  $10  for  each  offense. 

ARTICLE  3 

MISCELLANEOUS  REGULATIONS 

Sec.  30.  Advertising  vehicles. 

§  30a.  Amboy  road,  restrictions. 

§31.  Bicycles. 

§  32.  Cattle,  calves,  sheep  and  swine. 

33.  City-owned  automobiles. 

34.  Horse-racing. 

35.  Ice  wagons. 

36.  Motor  vehicles;  mufflers. 

37.  Ocean  parkway;  restrictions. 

_  37a.  Grand  Boulevard  and  Concourse,  The  Bronx. 

§  38.  Processions  and  parades. 

§  39.  Sleighs. 

§  40.  Trade  wagons. 

§  40a.  Vehicles,  marking  of. 

§  41.  Reasonable  care. 

§  42.  Enforcement  of  chapter;  duties  of  police  department. 

Sec.  30.  Advertising  vehicles. — No  advertising  trucks,  vans  or 
wagons  shall  be  allowed  in  the  streets;  provided  that  nothing  herein 
contained  shall  prevent  the  putting  of  business  notices  upon  ordinary 


552  CODE  OP  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

business  wagons,  so  long  as  such  wagons  are  engaged  in  the  usual 
business  or  regular  work  of  the  owner,  and  not  used  merely  or  mainly 
for  advertising.  (Manh.  Ords.,  §  41.) 

"Wagons"  include  automobile  stages.  Fifth  Ave.  Coach  Co.  v.  City  of  N.  Y., 
126  App.  Div.  657. 

§  30a.  Amboy  road;  restrictions. — No  person  shall  drive  an  auto 
truck  over  the  Amboy  road,  in  the  borough  of  Richmond,  except 
as  it  may  be  necessary  to  cart  or  convey  supplies  to  the  residences 
along  said  road,  or  building  materials  to  buildings  in  course  of  con- 
struction Or  alteration  thereon.  Any  person  violating  this  provision 
shall  upon  conviction  thereof,  be  punished  by  a  fine  of  not  more  than 
$25  for  each  offense,  or  by  imprisonment  for  not  exceeding  10  days, 
or  by  both  such  fine  and  imprisonment. 

Adopted  March  16,  1920.    Approved  March  23,  1920. 

§  31.  Bicycles.  1.  Coasting. — No  bicycle  shall  be  allowed  to  pro- 
ceed in  any  street  of  the  city  by  inertia  or  momentum,  with  the 
feet  of  the  rider  removed  from  the  pedals.  (C.  O.,  §  460.) 

2.  Trick  riding.  No  rider  of  a  bicycle  shall  remove  both  hands 
from  the  handlebars,  nor  practice  any  trick  or  fancy  riding  in  any 
street.    (C.  O.,  §461.) 

3.  Carrying  children.  No  bicyclist  shall  carry  upon  his  bicycle 
any  child  under  the  age  of  5  years.     (C.  O.,  §  462.) 

4.  Leading  bicycles.  Riders  of  bicycles,  when  dismounted,  may 
lead  their  bicycles  along  the  sidewalk  in  single  file,  and  bicycles 
may  be  allowed  to  stand  on  the  sidewalk,  provided  they  are  within 
the  stoop-line  and  cause  no  obstruction.    (C.  O.,  §  467.) 

5.  Use  of  sidewalks.  No  bicycle  shall  be  ridden  on  the  sidewalks 
of  any  street  of  the  city.    (C.  O.,  §  468,  amend.  June  30,  1914.) 

§  32.  Cattle,  calves,  sheep  and  swine.  1.  Driving  or  herding  in 
streets. — No  cattle,  calves,  sheep  or  swine  shall  be  driven  in  any 
street  of  the  City  without  a  permit  from  the  Police  Commissioner, 
and  in  strict  accordance  with  the  routes,  hours  and  other  conditions 
prescribed  thereby;  provided,  that  cattle,  calves,  sheep  or  swine, 
landed  at  the  foot  of  the  street  leading  to  the  slaughter-house  to 
which  they  shall  be  destined,  may  be  driven  along  such  street,  if 
the  same  be  effectively  barred  or  closed  so  as  to  prevent  the  escape 
of  any  of  said  animals  during  their  transfer  from  the  dock  to  the 
slaughter-house. 

2.  Leading  cattle.  No  person  shall  lead,  or  attempt  to  lead  or 
cause  to  be  led,  any  cattle,  otherwise  than  singly,  1  person  with  each, 
on  any  street  nor  upon  any  sidewalk. 

3.  Landing.  No  cattle,  calves,  sheep  or  swine  shall  be  landed  in 
any  borough  of  the  City,  except  in  accordance  with  the  provisions 
of  this  section. 

4.  Violations.  Any  person  who  shall  violate  any  provision  of  this 
section  shall,  upon  conviction  thereof,  be  punished  by  a  fine  of  not 
more  than  $50,  or  by  imprisonment  not  exceeding  10  days,  or  by 
both  such  fine  and  imprisonment. 

Adopted  June  28,  1921;  Approved  July  5,  1921. 

§33.  City-owned  automobiles— The  words  "City  of  New  York" 
shall  be  painted  plainly  and  visibly  on  the  outside  of  the  back  of 
the  body  of  each  automobile  owned  by  the  city.  The  letters  of  such 


TRAFFIC   REGULATIONS  553 

inscription  shall  be  at  least  5  inches  in  the  least  dimension,  and  the 
color  shall  contrast  with  the  color  of  the  body  of  the  car.  No  per- 
son shall  use  an  automobile  owned  by  the  city  which  is  not  lettered 
as  prescribed  herein;  provided,  however,  that  automobiles  used  by 
the  police  department,  in  the  detection  and  the  suppression  of 
crime,  shall  be  exempt  from  the  provisions  of  this  section.  (Ord. 
Feb.  6,  1912.) 

§  34.  Horse-racing. — Except  as  provided  in  chapter  17  of  this 
ordinance,  no  person  shall  run  or  race  any  horse  in  any  street,  nor 
consent  to  or  suffer  such  racing,  under  the  penalty  of  $50  to  be  re- 
covered from  the  person  or  persons  who  shall  so  race,  or  suffer  or 
permit  such  racing,  and  the  owner,  rider  and  the  person  having 
charge  of  any  animal  which  shall  so  race  and  run,  severally  and  re- 
spectively. This  section  shall  be  construed  to  prevent  and  punish 
the  running,  racing  or  trotting  of  any  horse  or  horses,  for  any  trial  of 
speed,  or  for  the  purpose  of  passing  any  other  horse  or  horses, 
whether  the  same  be  founded  upon  any  stake,  bet  or  otherwise. 
(Manh.  Ords.,  §§  89,  90.) 

But  special  speed  trials  allowed  in  the  public  highways  are  nuisances.  Johnson 
v.  City  of  N.  Y.,  109  App.  Div.  821. 

§  35.  Ice  wagons. — No  person,  being  the  owner  or  driver  of  any 
wagon  used  for  the  sale  of  ice,  shall  permit  or  allow  the  scale  thereon 
or  the  beam  to  which  it  may  be  attached,  or  other  implements  for 
handling  ice,  to  project,  or  hang  outside  or  beyond  the  side  of  such 
wagon  when  it  is  in  motion  in  any  street.  (Manh.  Ords.,  §  88.) 

§  36.  Motor  vehicles;  mufflers. — Every  motor  vehicle  propelled 
by  an  internal  combustion  engine,  shall,  when  such  engine  is  running 
on  any  street  or  public  place,  be  equipped  with  a  muffler  or  silencer 
through  which  all  of  the  exhaust  gases  from  the  engine  will  escape 
into  the  atmosphere.  No  operator  or  driver  of  any  motor  vehicle 
shall  use  any  cut-out,  fitting,  or  other  apparatus  or  device,  which 
will  allow  the  exhaust  gases  to  escape  into  the  atmosphere  without 
passing  through  such  muffler  or  silencer.  (Ord.  Apr.  16,  1912.) 

§  37.  Ocean  parkway;  restrictions. — No  person  shall  drive  any 
vehicle  over  the  easterly  side  road  or  bridle  road  of  the  Ocean 
parkway,  between  Prospect  Park  and  th?  Coney  Island  Concourse, 
in  the  borough  of  Brooklyn,  except  as  it  may  be  neessary  to  cart 
or  convey  supplies  to  the  residences  along  said  road,  or  building 
materials  to  buildings  in  course  of  construction  or  alteration  thereon. 
In  all  cases,  however,  vehicles  must  enter  said  road  from  the  street 
nearest  to  the  residence  or  house  in  course  of  construction,  and 
must  leave  the  same  at  the  next  intersecting  street.  (C.  O..  §  83.) 

§  37a.  Grand  Boulevard  and  Concourse,  The  Bronx. — The  following 
regulations  shall  cover  vehicular  traffic  upon  the  drives  and  roads 
of  the  Grand  Boulevard  and  Concourse,  in  the  Borough  of  The 
Bronx: 

1.  Driveways.  The  several  driveways  are  primarily  for  the  use  of 
passenger  automobiles  and  motorcycles  of  all  kinds.  Trucks,  de- 
livery wagons  and  other  business  vehicles  are  prohibited  from  using 
the  same,  except  when  requisite  for  the  purposes  of  stopping  at 
property  fronting  thereon,  and  in  such  cases  the  use  thereof  by  such 
vehicle  is  prohibited  further  than  is  necessary  for  entering  upon  and 
leaving  the  concourse  by  the  nearest  side  street  or  streets.  Further 


554  CODE   OP   OKDINANCES   OP  THE   CITY   OP   NEW   YORK 

exceptions  may  be  made  on  a  written  permit  issued  by  the  President 
of  the  Borough. 

2.  Application  of  police  regulations.  "The  Rules  for  Driving  and 
Regulation  of  Street  Traffic,"  issued  by  the  police  department  of  the 
city  of  New  York,  and  the  "Rules  of  the  Road"  of  the  Code  of 
Ordinances,  shall  not  apply  to  the  Grand  boulevard  and  concourse 
where  they  conflict  with  the  foregoing  rules  and  regulations. 

Sec.  2.    This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen  July  12,  1921;  Approved  by  the  Mayor 
July  15,  1921. 

§  38.  Processions  and  parades.  1.  Permits. — No  procession,  parade, 
or  race  shall  be  permitted  upon  any  street  or  in  any  public  place 
without  a  written  permit  first  obtained  from  the  police  commissioner. 
Application  for  such  permit  shall  be  made  in  writing,  upon  a  suitable 
form  prescribed  and  furnished  by  the  police  department,  not  less 
than  36  hours  previous  to  the  forming  or  marching  of  such  procession, 
parade  or  race.  The  police  commissioner  shall,  after  due  investiga- 
tion of  such  application,  grant  such  permit  subject  to  the  following: 

2.  Restrictions: 

(a)  He  shall  not  grant  a  permit  where  he  has  good  reason  to  be- 
lieve that  the  proposed  procession,  parade  or  race  will  be  disorderly 
in  character  or  tend  to  disturb  the  public  peace. 

(b)  The  Commissioner  shall  not  grant  a  permit  for  the  use  of  any 
street  or  any  public  place,  or  material  portion  thereof,  which  is 
ordinarily  subject  to  great  congestion  of  traffic  and  is  chiefly  of  a 
business  or  mercantile  character,  except  upon  those  holidays  or 
Sundays  when  the  places  of  business  along  the  route  proposed  are 
closed,  or  on  other  days  between  the  hours  of  6.30  p.  m.  and  9  p.  m. 

Adopted  May  29,  1917.    Became  effective  June  12,  1917. 

(c)  Each  such  permit  shall  designate  specifically  the  route  through 
which  the  procession,  parade  or  race  shall  move,  and  it  may  also 
specify  the  width  of  the  roadway  to  be  used,  and  may  include  such 
rules  and  regulations  as  the   commissioner   may  deem  necessary. 

(d)  Special  permits  for  occasions  of  extraordinary  public  interest, 
not  annual  or  customary,  or  not  so  intended  to  be,  may  be  granted 
by  the  commissioner  for  any  street  or  public  place,  and  for  any  day  or 
hour,  with  the  written  approval  of  the  mayor. 

(e)  The  chief  officer  of  any  procession,  parade  or  race,  for  which 
a  permit  may  be  granted  by  the  commissioner,  shall  be  responsible 
for  the  strict  observance  of  all  rules  and  regulations  included  in  said 
permit. 

3.  Exemptions.    This  section  shall  not  apply: 

(a)  To  the  ordinary  and  necessary  movements  of  the  United 
States  army,  United  States  navy,  national  guard,  police  department 
and  fire  department;  nor 

(b)  To  such  portion  or  portions  of  any  street  which  may  have 
already  been  or  may  hereafter  be  duly  set  aside  as  a  speedway  or 
as  speedways,  nor 

(c)  To  processions  or  parades  which  have  marched  annually  upon 
the  streets  for  more  than  10  years,  previous  to  July  7,  1914. 

4.  Violations.      Every    person   participating   in   any   procession, 
parade  or  race,  for  which  a  permit  has  not  been  issued  when  required 
by  this  section,  shall,  upon  conviction  thereof,  be  punished  by  a 


TRAFFIC    REGULATIONS  555 

fine  of  not  more  than  $25,  or  by  imprisonment  for  not  exceeding 
10  days,  or  by  both  such  fine  and  imprisonment.  (Ord.  July  7, 
1914.) 

§  39.  Sleighs. — No  person  shall  drive  a  horse  before  a  sleigh  or 
sled  through  any  street,  unless  there  shall  be  a  sufficient  number  of 
bells  attached  to  the  harness  or  sleigh  to  warn  persons  of  its  ap- 
proach. (Manh.  Ords.,  §  91.) 

§  40.  Trade  wagons. — Trade  wagons  shall  not  be  allowed  to  col- 
lect on  any  street  or  public  place,  to  the  obstruction  of  travel  or 
the  annoyance  of  persons  coming  and  going  on  the  streets,  sidewalks 
or  cross  walks,  or  any  property  owner  or  resident  in  the  vicinity. 
(New.) 

§  40a.  Vehicles;  Marking  of. — Every  vehicle,  other  than  a  pleasure 
or  licensed  vehicle,  operated  on  the  streets  of  the  city,  shall  at  all 
times  display,  plainly  marked  on  both  sides  in  letter  and  numerals 
not  less  than  3  inches  in  height,  the  name  and  address  of  the  owner 
thereof.  (New.) 

Adopted  April  15,  1919.    Approved  April  24,  1919. 

§  41.  Reasonable  care. — Nothing  contained  in  or  omitted  from 
this  chapter  shall  be  construed  or  held  to  relieve  any  person  using, 
traveling,  or  being  upon  any  street,  for  any  purpose  whatsoever, 
from  exercising  all  reasonable  care  to  avoid  or  prevent  injury  through 
collision  with  all  other  persons  and  vehicles.  (C.  O.,  §  470.) 

§  42.  Enforcement  of  chapter;  duties  of  police  department. — The 
police  department  shall  have  exclusive  control  of  the  management 
of  vehicular  traffic.  The  police  commissioner  shall  cause  suitable 
abstracts  of  the  provisions  of  this  chapter  to  be  posted  in  all  public 
stables  and  garages,  and  at  all  hack,  cab  and  truck  stands.  He 
shall  cause  copies  thereof  to  be  kept  at  all  police  stations,  to  be  issued 
to  the  public  on  application  without  charge.  (C.  O.,  §§  472,  473.) 


556  CODE   OP  ORDINANCES   OF  THE   CITY   OP   NEW    YORK 

CHAPTER  25 

Water  Supply 

Article  1.  Construction  and  maintenance. 

2.  Rents  and  charges. 

3.  Use  of  water. 

ARTICLE  1 

CONSTRUCTION   AND    MAINTENANCE 

Sec.  1.  Emergency  repairs. 

§  2.  Pollution  of  or  interference  with  water  supply. 

3.  Trespass  on  water  supply  property. 

4.  Obstruction  of  stop-cocks. 

5.  Hydrants  to  be  kept  closed. 

6.  Connections. 

7.  Public  wells. 

8.  Violations. 

Sec.  1.  Emergency  repairs. — In  case  of  any  unexpected  casualty 
or  damage  to  the  pipes,  reservoirs  or  other  structures  connected 
with  the  city's  water  supply,  the  chief  engineer  of  the  department 
of  water  supply,  gas  and  electricity,  under  direction  of  the  commis- 
sioner, shall  take  immediate  measures  for  the  preservation  and  re- 
pair of  the  same,  the  expense  of  which  shall  be  paid  on  his  requisition 
by  the  warrant  of  the  comptroller.  (C.  O.,  §  285.) 

§  2.  Pollution  of  or  interference  with  water  supply. — No  person 
shall  bathe  in,  or  go  into  the  water  supply  reservoir,  or  any  part  of  a 
city  aqueduct;  nor  shall  any  person  throw  stones,  chips  or  dirt,  or 
any  other  material,  substance  or  thing  whatever  into  any  reservoir, 
gate-house,  ventilator,  aqueduct,  fountain  or  basin;  nor  shall  any 
person  in  any  manner  injure  or  disfigure  any  part  of  the  water  works 
system  of  the  city.  (C.  O.,  §  286.) 

§  3.  Trespass  on  water  supply  property. — No  person  shall  trespass 
on  any  part  of  the  embankment  of  a  water  supply  reservoir,  nor 
go  or  remain  thereon  without  permission  of  the  proper  persons 
having  charge  of  the  same;  nor  shall  any  person  fail  or  refuse  to 
comply  with  the  regulations  of  the  commissioner  of  water  supply, 
gas  and  electricity  as  to  the  times  when  citizens  shall  leave  the 
embankment  of  a  reservoir,  or  the  grounds  or  buildings  attached 
thereto.  (C.  O.,  §  287.) 

§  4.  Obstruction  of  stop-cocks. — No  person  shall  obstruct  access 
to  a  stop-cock  connected  with  a  water  pipe,  by  placing  thereon  stone, 
brick,  lumber,  dirt,  or  any  other  materials;  nor  shall  any  person 
permit  any  such  material  to  be  placed  thereon  by  those  in  his  employ. 
(C.  O.,  §  295.) 

§  5.  Hydrants  to  be  kept  closed. — The  commissioner  shall  cause 


WATER  SUPPLY  557 

all  water  supply  hydrants  to  be  kept  closed.  Except  in  case  of  fire 
and  for  the  purpose  of  extinguishing  the  same,  or  when  otherwise 
authorized  by  law  or  ordinance,  no  person  shall  take  or  use  the 
water  from  any  hydrant.  (C.  O.,  §§  200,  292.) 

§  6.  Connections. — No  street  shall  be  opened  nor  shall  any  pipe 
be  bored  or  connection  be  made  with  any  main  or  pipe  for  water 
supply  purposes,  except  under  the  direction  of  the  commissioner, 
under  the  penalty  of  $50  for  each  offense. 

§  7.  Public  wetts. — No  person  shall  dig  a  well  in  any  street  or  pub- 
lic place,  and  the  president  of  the  borough  in  which  any  such  well 
shall  be  dug  shall  cause  the  same  in  all  cases  to  be  filled  up.  (C.  O., 
§  198.) 

§  8.  Violations. — Any  person  who  shall  violate  any  provision  of 
this  article  shall,  upon  conviction  thereof,  be  punished  by  a  fine 
of  not  more  than  $50,  or  by  imprisonment  for  not  exceeding  30  days, 
or  by  both  such  fine  and  imprisonment.  (C.  O.,  §  286,  penal  clause.) 


ARTICLE  2 

RENTS  AND  CHARGES 

Sec.  20.  Frontage  rents. 

§  21.  Extra  and  miscellaneous  rates  where  supply  is  not  metered. 

§  22.  Meter  rates. 

§  23.  Supply  discontinued  on  non-payment. 

§  24.  Connection  charges. 

§  25.  Report  of  receipts  by  water  register. 

Sec.  20.  Frontage  rents. — The  annual  frontage  rents  on  premises 
wholly  or  partly  unmetered,  to  be  collected  by  the  department  of 
water  supply,  gas  and  electricity  shall  be  as  follows,  to  wit: 

Front  width  of  building  One-story 

16  feet  and  under • $4  00 

16  feet  to  18  feet 5  00 

18  feet  to  20  feet 6  00 

20  feet  to  22^  feet 7  00 

22%  feet  to  25  feet 8  00 

25  feet  to  30  feet 10  00 

30  feet  to  37^  feet 12  00 

37^  feet  to  50  feet .- 14  00 

For  each  additional  story  $1  per  annum  shall  be  added;  and  for 
each  additional  10  feet  or  part  thereof,  above  50  feet  in  front  width 
of  building,  $2  shall  be  added. 

All  rear  buildings  on  any  lot  or  lots,  with  front  buildings  thereon, 
shall  pay  an  annual  frontage  rate  of  $5  for  each  25  feet  front,  or 
fraction  thereof,  but  this  provision  shall  not  apply  to  buildings 
erected  on  corner  lots,  each  of  which  buildings  shall  pay  the  regular 
rates  as  stated  in  the  foregoing  subdivisions. 


558  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

The  apportionment  of  the  regular  frontage  rates  upon  buildings 
shall  be  on  the  basis  that  but  one  family  is  to  occupy  same,  and  for 
each  additional  family  or  apartment,  SI  per  year  shall  be  charged. 
(C.  O.,  §  282,  amend.  Juno  10,  1913.) 

Power  to  fix  rates  is  in  Bd.  of  Aldermen  and  not  in  Comr.,  §  473,  N.  Y.  Charter. 
Sayer  v.  New  York,  208  N.  Y.  159. 

Water  rates  are  general  taxes  and  not  included  in  tax  exempt  special  clauses. 
Matter  of  Y.  W.  C.  A.,  156  App.  Div.  295. 

An  owner  is  not  entitled  to  an  injunction  unless  meter  has  been  installed  as  de- 
manded. Johnson  Kohn  Co.  v.  Thompson,  73  Misc.  103. 

As  to  meters  see  Hill  v.  Thompson,  48  Super.  Ct.  481  and  50  Super.  Ct.  165. 

§  21.  Extra  and  miscellaneous  rates  where  supply  is  not  metered. 
1.  Baths  shall  be  charged  $3  per  annum,  one  bath  supplied  to  each 
house  free  of  additional  charge 

2.  Baths  in  barber  shop,  public  houses  and  building  establishments 
shall  be  charged  $5  each  per  annum. 

3.  Shower  baths  not  installed  over  bath  tubs,  and  sifcz  baths,  shall 
be  charged  same  as  baths. 

4.  Water-closets  and  urinals  of  every  description.     $2  each  per  an- 
num; one  water-closet  in  each  house  supplied  free  of  additional  charge 

5.  Bakeries.  Each  oven  $5  per  annum. 

6.  Barbershops.  Each  up  to  and  including  3  chairs,  $5  per  annum; 
for  each  additional  chair,  $1  per  annum. 

7.  Barges  (without  steam    Each,  $5  per  annum,  water  for  do- 
mestic use  only. 

7a.  Boilers,  permanent.  The  annual  rate  of  water  supplied  in 
houses  for  boilers,  except  those  used  exclusively  for  heating  pur- 
poses, shall  be  $2.16  per  boiler  horsepower  installed.  (New.) 

8.  Boilers  of  boats  or  not  permanent.  The  monthly  rate  for  water 
supply  for  hoisting,  steam  rolling,  dredging,  erecting,  hauling,  pile 
driving,  derricks,  diggers,  conveyers  and  all  floating  or  portable 
steam  plants  and  steamboats,  except  water  boats  supplying  shipping, 
shall  be  as  follows: 

Up  to  and  including  10  horsepower $1  00; 

Up  to  and  including  15  horsepower 1  50; 

Up  to  and  including  20  horsepower 2  00; 

Up  to  and  including  25  horsepower 2  50; 

Up  to  and  including  30  horsepower 3  00; 

Up  to  and  including  35  horsepower 3  50; 

Up  to  and  including  40  horsepower 4  00; 

Up  to  and  including  45  horsepower 4  50; 

Up  to  and  including  50  horsepower 5  00; 

Up  to  and  including  55  horsepower 5  50; 

Up  to  and  including  60  horsepower 6  OQ; 

Up  to  and  including  65  horsepower 6  50; 

Up  to  and  including  70  horsepower 7  00; 

Up  to  and  including  75  horsepower 7  50; 

Up  to  and  including  80  horsepower 8  00; 

Up  to  and  including  85  horsepower 8  50; 

Up  to  and  including  90  horsepower 9  00; 

Up  to  and  including  95  horsepower 9  50; 

Up  to  and  including  100  horsepower 10  00; 

Above  100  horsepower,  at  the  rate  of  10  cents  per  horsepower  per 
month,  using  the  multiple  of  5  as  in  the  above  table.  An  allowance 


WATER  SUPPLY  559 

of  331/3  per  cent,  in  the  above  rates  shall  be  made  where  condensers 
are  used. 

9.  Boiler  testing.     All  boats,  in  addition  to  paying  the  regular 
fixed  charges,  shall  pay  an  extra  charge  of  $100  per  annum  when 
engaged  or  employed  in  furnishing  water  in  the  testing  of  boilers  in 
other  boats. 

10.  Bottling  establishments.     Each  bottle-washing  apparatus,  ma- 
chine or  tub,  $10  per  annum. 

11.  Building  purposes.     Stone  work,  terra  cotta,  concrete,   fire- 
proofing,  brickwork,  and  all  other  forms  of  masonry,  5  cents  per 
cubic  yard. 

12.  Plastering,  40  cents  per  100  square  yards,  openings  not  in- 
cluded. 

13.  Caisson  sinking  and  air  compressors.     10  cents  per  100  cubic 
feet. 

14.  Condensers.  10  cents  per  hundred  cubic  feet. 

15.  Conservatories.  Same  as  florists. 

16.  Demolition.  For  wetting  down  while  buildings  are  being  de- 
molished, a  charge  shall  be  made  equal  to  one-fourth  of  the  anaual 
frontage  rate  of  said  building. 

17.  Dentist.  Each  fountain  cuspidor,  $1  per  annum. 

18.  Dining  saloons  and  restaurants.  $8  per  annum. 

19.  Fish  stands.  Each,  $10  per  annum.    If  live  fish  are  sold,  other 
than  shell  fish,  $25  per  annum. 

20.  Florists.  Each,  $5  per  annum. 

21.  Horse  troughs.  For  each  trough  and  for  each  one-half  barrel  or 
tub  on  sidewalk  or  street,  $20  per  annum. 

21a.  Ice  machines.  For  any  machine  or  apparatus  used  in  the 
production  of  ice  or  refrigeration  a  yearly  charge  of  $20  per  ton 
shall  be  made  for  the  actual  capacity  of  the  machine  or  apparatus. 
(New.) 

22.  Laundries.  Each  wash  tub,  washing  machine  or  apparatus 
for  washing  clothes,  $5  per  annum. 

23.  Liquor  and  lager  beer  saloons.  For  each  bar,  $10  per  annum, 
and  an  additional  charge  of  $5  for  each  wash  box.    For  each  beer 
pump  using  water  in  its  operation,  $50  per  annum. 

24.  Milk  depots.  For  the  purpose  of  washing  cans  or  bottles,  each 
\vashing  machine,  tub  or  washing  apparatus,  $10  per  annum. 

25.  Photograph  galleries.  Each  faucet  or  outlet,  $5  per  annum. 

26.  Soda  or  mineral  water  fountains.  Each,  $5  per  annum.    One 
wash  box  allowed.    For  each  additional  wash  box,  $3  per  annum. 

27.  Soda,  mineral  or  carbonic  water  manufacturer.  For  each  ma- 
chine or  apparatus  (retail),  $10  per  annum;  for  each  machine  or 
apparatus  (wholesale),  $100  per  annum. 

28.  Stalls.  In  stables,  $1  each  per  annum. 

29.  Water  boats   (steam).  Monthly  charges,   according  to  tank 
capacity  of  each  boat,  shall  be  as  follows: 

12,000  gallons  or  less $  25  00 

12,000  to  20,000  gallons 37  50 

20,000  to  30,000  gallons 50  00 

30,000  to  40,000  gallons 62  50 

40,000  to  60,000  gallons 75  00 

60,000  to  100,000  gallons 100  00 


560  CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK 

30.  Water  boats  (motor).  Shall  be  charged  monthly,  according  to 
tank  capacity  of  each  boat,  as  follows: 

3,000  gallons  or  less $  7  50 

Over  3,000  gallons,  but  not  exceeding  6,000  gallons 15  00 

Over  6,000  gallons,  but  not  exceeding  12,000  gallons 25  00 

Over  12,000  gallons,  the  rate  for  steam  water  boats  shall  be 
charged 

31.  Wash  drills  (all  kinds).  10  cents  per  100  cubic  feet.     (C.  O., 
§  282,  as  amended  by  Ord.  of  June  10,  1913.) 

32.  Unspecified.  All  charges  not  herein  mentioned  or  fixed  are 
reserved  for  special  contract,  by  and  with  the  commissioner.    (C.  O., 
§282,  amend.  June  10,  1913.) 

§  22.  Meter  rates. — The  charge  for  water  measured  by  meter  shall 
be  10  cents  per  100  cubic  feet.  (C.  O.,  §  282,  amend.  June  10,  1913.) 

§  23.  Supply  discontinued  on  non-payment. — The  supply  of  water 
shall  be  cut  off  in  all  cases  where  the  rent  therefor  is  behind  and  un- 
paid 10  days.  (C.  O.,  §  284.) 

§  24.  Connection  charges. — All  persons  contracting  for  a  supply  of 
water  shall  pay  the  cost  of  the  materials  and  labor  used  and  expended 
on  the  streets,  necessary  to  make  the  connection  with  the  conduit 
pipes,  or  pay  such  annual  interest  thereon  as  required  by  the  rules 
and  regulations  of  the  commissioner.  (C.  O.,  §§  207,  289.) 

§  25.  Report  of  receipts  by  water  register. — The  water  register,  or  the 
cashier  of  the  water  register's  office,  shall  on  each  day,  except  Sun- 
day of  each  week,  render  to  the  comptroller  an  account,  under  oath, 
of  all  moneys  received  by  him,  showing  the  amounts  received,  from 
all  classes  of  revenue,  and  shall  thereupon  pay  over  the  amounts  so 
received  to  the  chamberlain,  furnishing  to  the  comptroller  a  receipt 
showing  the  payment  of  such  sums  into  the  city  treasury.  He  shall 
also,  if  required  by  the  comptroller,  make  a  separate  daily  report 
showing  all  the  items  comprising  the  amounts  received  by  him,  in 
form  satisfactory  to  the  comptroller.  (C.  O.,  §  281.) 


ARTICLE  3 

USE  OF  WATER 

Sec.  40.  Street  cleaning. 
§  41.  Traffic  in  water. 

§  42.  Washing  down  streets  from  private  connection. 
§  43.  Washing  vehicles. 
§  44.  Watering  horses. 

Sec.  40.  Street  cleaning. — The  commissioner  of  water  supply, 
gas  and  electricity  shall,  at  all  times  when  the  general  supply  of 
water  is  not  thereby  endangered,  permit  the  hydrants  to  be  used 
for  cleaning  the  streets,  under  his  regulation.  (C.  O.,  §  293.) 

§  41.  Traffic  in  water. — No  person,  except  such  as  may  be  licensed 
by  the  commissioner,  shall  take  water  from  any  hydrant  or  water 
connection  erected  or  to  be  erected  in  the  city,  and  attached  to  the 
water  pipes,  for  the  purpose  of  using  the  same  on  any  boat,  vessel, 
barge  or  pile-driver,  or  for  the  purpose  of  selling  or  offering  the  same 


WATER  SUPPLY  561 

for  sale  to  the  owner  of  any  boat,  vessel,  barge,  or  pile-driver.  (C.  O., 
§291.) 

§  42.  Washing  down  streets  from  private  connections. — No  person 
shall  wash  any  street,  sidewalk,  areaway,  steps,  building  or  other 
place  or  thing,  from  the  1st  day  of  December  to  the  1st  of  April 
following,  by  means  of  hose  or  piping,  where  the  water  runs  upon  a 
street,  sidewalk  or  other  public  place.  Water  may  be  so  used  from 
the  1st  day  of  April  to  the  last  day  of  November  of  each  year,  be- 
tween the  hours  of  4  p.  m.  and  8  a.  m.,  but  city  water  shall  not  be 
so  used  until  permit  therefor  shall  first  have  been  obtained  from  the 
department  of  water  supply,  gas  and  electricity.  No  charge  shall 
be  made  for  such  permit  when  the  water  used  is  paid  for  according 
to  meter  registration;  where  no  meter  is  used  there  shall  be  a  charge 
of  $5  for  using  city  water  during  the  period  covered  by  the  permit. 
(C.  O.,  §  294,  amend.  Apr.  14,  1914.)  ' 

§  43.  Washing  vehicles. — No  person  shall  wash  or  cause  to  be 
washed  any  carriage,  wagon,  or  other  vehicle  on  any  street  or  public 
place.  (C.O.,  §205.) 

§  44.  Watering  horses.  1.  Bucket-filling  equipment. — All  publicly 
owned  watering  troughs,  and  those  erected  or  maintained  by  the 
American  Society  for  the  Prevention  of  Cruelty  to  Animals,  shall  be 
provided  with  the  necessary  piping  and  fixtures  to  enable  the  filling 
of  pails  with  water  therefrom,  or  otherwise  modified  in  construction 
so  as  to  meet  the  requirements  of  the  board  of  health.  The  supply 
of  water  for  such  troughs  shall  be  furnished  by  the  department  of 
water  supply,  gas  and  electricitv.  All  other  horse  watering  troughs 
on  streets  and  public  places  shall  likewise  be  provided  with  the  piping 
and  fixtures  necessary  to  enable  the  filling  of  pails  with  water,  and 
the  use  of  the  water  for  that  purpose  shall  be  paid  for  in  the  manner 
provided  in  this  chapter.  All  horse  watering  stations  in  streets  and 
public  places,  hereafter  constructed  or  operated,  shall  conform  to 
the  provisions  of  this  section  and  be  subject  thereto.  No  person 
shall  draw  water  from  these  fixtures  for  a  purpose  other  than  watering 
horses  or  other  animals,  nor  shall  any  person  tamper  with  the  said 
fixtures. 

2.  Horse-buckets.    Every  commercial  vehicle  to  which  a  horse  is 
attached  must  be  provided,  while  on  the  public  throughfares  of 
the  city,  with  a  watering  pail,  which  shall  be  used  only  for  the  pur- 
pose of  watering  or  feeding  the  horse  or  horses  attached  to  the 
vehicle. 

3.  Temporary  relief  stations.     Nothing  in  this  section  shall  prevent 
the  establishment  of  temporary  relief  stations  in  conformity  with 
such  requirements  as  may  be  imposed  by  the  board  of  health,  with 
the  consent  of  the  commissioner  of  water  supply,  gas  and  electricity. 
(Ord.  July  7,  1914.) 


562  CODE   OF   ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

CHAPTER  26 
Weights  and  Measures 

Article  1.  Bureau  of  weights  and  measures. 

2.  Regulation  of  weights  and  measures. 

3.  Standards  for  various  commodities. 

ARTICLE  1 

BUREAU   OF  WEIGHTS  AND   MEASURES 

Sec.  1.  Organization. 

§  2.  Trading  restriction. 

§  3.  Jurisdiction. 

§  4.  Duties  of  inspectors. 

Sec.  1.  Organization. — There  shall  be  a  mayor's  bureau  of  weights 
and  measures  in  charge  of  a  commissioner  of  weights  and  measures, 
to  be  appointed  by  the  mayor  and  removable  by  him  at  pleasure. 
The  salary  of  the  commissioner  shall  be  $5,000  per  annum.  In- 
spectors of  weights  and  measures  shall  be  appointed  by  the  com- 
missioner, and  all  complaints  against  inspectors  shall  be  lodged 
with  the  commissioner,  to  be  by  him  reported,  with  his  recommenda- 
tion thereon,  to  the  mayor  for  his  action.  (C.  O.,  §§  380,  402.) 

§  2.  Trading  restriction. — The  commissioner  shall  not,  nor  shall 
any  inspector  or  other  employee  of  the  bureau,  engage  in  the  busi- 
ness of  manufacturing,  vending  or  selling  any  weight,  measure, 
scale,  balance,  steelyard  or  other  instrument  for  weighing  or  meas- 
uring, under  the  penalty  of  $50  for  each  such  offense.  (C.  O.,  §  400.) 

§  3.  Jurisdiction. — Each  inspector  of  weights  and  measures  is 
hereby  authorized,  to  inspect,  examine,  test  and  seal,  at  least  once 
in  each  year,  and  as  often  as  the  commissioner  may  deem  proper, 
all  weights,  measures,  scale  beams,  patent  balances,  steelyards  and 
other  instruments  used  in  weighing  and  measuring.  Upon  the  writ- 
ten request  of  any  resident  of  the  city,  the  commissioner  shall  test 
or  cause  to  be  tested,  within  a  reasonable  time  after  the  receipt  of 
such  request,  the  weights,  measures,  scale  beams,  patent  balances, 
steelyards  or  other  instruments  used  in  buying  or  selling  by  the 
person  making  such  request.  All  such  appliances  shall  be  made 
go  conform  to  the  standard  of  the  State,  and  shall  be  marked  by 
the  inspector  with  the  initials  of  his  name  and  the  date  on  which 
the  same  shall  be  sealed  and  marked.  (C.  O.,  §§  385,  392.) 

§  4.  Duties  of  inspectors.  1.  Reports. — Each  inspector  of  weights 
and  measures  shall  report  promptly  to  the  commissioner  the  names 
of  all  persons  whose  weights,  measures  or  other  instruments  for 
weighing  and  measuring  shall  be  found  to  be  incorrect.  Each  in- 
spector shall  file  a  daily  report  with  the  commissioner,  and  make 
such  other  and  further  reports  and  keep  such  further  records  as 
may  be  required,  from  time  to  time,  by  the  commissioner.  (C.  O., 
§§  397,  398.) 


WEIGHTS   AND    MEASURES  563 

2.  Return  of  testing  instruments.  Whenever  any  inspector  shall 
resign  or  be  removed  from  office,  he  shall  deliver  at  the  office  of  the 
commissioner  all  the  standard  weights  and  measures  and  other 
official  property  in  his  possession.  (C.  O.,  §  403.) 


ARTICLE  2 

REGULATION   OF   WEIGHTS   AND    MEASURES 

Sec.  10.  Testing,  sealing  and  marking. 

§  11.  Measures  and  containers. 

§  12.  Sale  of  weights  and  measures. 

§  13.  Sale  by  true  weight  or  measure  required;  weights  and 

measures  to  be  tested. 

§  14.  Confiscation  of  false  weights  and  measures. 

§  15.  Alteration  of  tested  appliances. 

§  16.  Defrauding  by  false  weights  or  measures. 

§  17.  Use  of  inaccurate  weights  or  measures. 

§  18.  Repair  of  inaccurate  appliances. 

§  19.  Right  of  inspection. 

§  20.  Certificate  of  inspection. 

§  21.  Interference  with  inspectors. 

§  22.  Violations. 

Section  49  of  the  Greater  New  York  Charter  gives  the  Board  of  Aldermen  power 
to  enact  ordinances:  "1.  In  relation  to  the  inspection  and  sealing  of  weights  and 
measures  by  vendors."  Such  power  held  valid.  People  ex  rel.  Gould  y.  City  of 
Rochester,  45  Hun,  102.  But  no  fees  could  be  demanded  for  weighing  unless 
specially  authorized  by  legislature.  Ford  v.  N.  Y.  Central  R.  R.  Co.,  33  App.  Div. 
474.  See  People  v.  Edelatein,  91  App.  Div.  447. 

.  Sec.  10.  Testing,  sealing  and  marking. — All  persons  using  weights 
and  ineasures,  scale  beams,  patent  balances,  steelyards,  or  any 
other  instrument  used  in  weighing  or  measuring  any  article  intended 
to  be  purchased  or  sold,  shall  cause  the  same  to  be  tested,  sealed  and 
marked  by  the  commissioner  or  an  inspector  of  the  bureau,  unless 
the  same  have  been  already  so  tested,  sealed  and  marked  by  the 
inspector  as  hereinafter  provided.  No  person  shall  use  any  weight, 
measure,  scale  beam,  patent  balance,  steelyard,  or  any  other  instru- 
ment in  weighing  or  measuring  any  commodity  or  article  of  merchan- 
dise intended  for  purchase  or  sale,  unless  the  same  shall  have  been  so 
tested,  sealed  and  marked.  Each  inspector  shall  make  a  record  and 
certificate,  as  hereinafter  provided,  of  all  the  weights,  measures, 
scale  beams,  patent  balances,  steelyards  and  other  instruments  used 
for  weighing  and  measuring  inspected  by  him,  in  which  he  shall 
state  the  names  of  the  owners  of  the  same,  and  whether  they  conform 
to  the  standards  of  the  State.  (C.  O.,  §§  383,  384,  396.) 

§  11.  Measures  and  containers. — No  person  shall  manufacture, 
construct,  sell,  offer  for  sale,  or  give  away,  any  dry  measure  or  liquid 
measure,  nor  any  barrel,  pail,  basket,  vessel,  container,  intended  to 
be  used  in  the  purchase  or  sale  of  any  commodity  or  article  of  mer- 
rh:mdis(»,  which  shall  not  be  so  constructed  as  to  conform  to  the 
standards  provided  by  statute;  nor  shall  any  person  use  any  barrel, 


564  CODE   OF   ORDINANCES   OP  THE   CITY  OF    NEW   YORK 

cask,  pail,  basket,  vessel  or  container,  in  the  purchase  or  sale  of  any 
commodity  or  article  of  merchandise,  which  does  not  conform  to  the 
standards  provided  by  law.  (C.  O.,  §  395a.) 

§  12.  Sale  of  weights  and  measures. — No  person  shall  sell,  offer  for 
sale,  or  give  away  any  weights,  scales,  beams,  measures  of  any  kind, 
or  the  tools,  appliances  or  accessories  connected  with  any  and  all 
instrumental  or  mechanical  devices  for  weighing  or  measuring,  in- 
tended to  be  used  for  the  purchase  or  sale  of  any  commodity  or 
article  of  merchandise,  or  for  public  weighing,  until  a  type  or  types  of 
the  said  weights,  scales,  beams,  measures  of  every  kind,  or  the  tools, 
appliances  or  accessories  connected  with  any  and  all  instruments  or 
mechanical  devices  for  measurement  or  public  weighing  with  specifi- 
cations as  to  construction,  shall  have  been  submittee  to  and  approved 
by  the  commissioner  of  weights  and  measures.  The  commissioner 


the  office  of  the  commissioner.  No  person  shall  sell,  offer  for  sale,  or 
give  away  any  weight,  scale,  beam  or  measure  of  any  kind,  or  the 
tools,  appliances  or  accessories  connected  with  any  instrument  or 
mechanical  device  for  weighing  or  measuring,  intended  to  be  used  for 
the  purchase  or  sale  of  any  commodity  or  article  of  merchandise  or 
for  public  weighing,  that  does  not  comply  with  the  specifications  and 
type  submitted  and  approved  by  the  commissioner,  as  provided  in 
this  section.  The  commissioner  shall  keep  a  register  of  the  name  of 
each  person  whose  weights,  measures,  scale  beams,  patent  balances, 
steelyards  or  other  instruments  have  been  inspected,  together  with 
the  number  and  size  of  same,  and  what  of  each  was  approved  and 
what  condemned,  with  the  date  of  inspection,  and  such  record  shall 
be  open  to  the  inspection  of  the  public  at  all  reasonable  times. 
(C.  O.,  §  384a,  amend.) 

§  13.  Sale  by  true  weight  or  measure  required,'  weights  and  measures 
to  be  tested. — No  person  shall  sell  or  offer  for  sale  any  commodity  or 
article  of  merchandise  in  any  market  or  in  any  public  street  or  other 
place,  at  or  for  a  greater  weight  or  measure  than  the  true  measure  or 
weight  thereof;  and  all  ice,  coal,  coke,  meats,  poultry,  butter  and 
butter  in  prints,  provisions,  and  all  other  commodities  and  articles 
of  merchandise  (except  vegetables  sold  by  the  head  or  bunch)  sold 
in  the  streets  or  elsewhere  shall  be  weighed  or  measured  by  scales, 
measures  or  balances,  or  in  measures  duly  tested,  sealed  and  marked 
by  the  commissioner  or  an  inspector  of  the  bureau;  provided,  that 
poultry  may  be  offered  for  sale  and  sold  in  other  manner  than  by 
weight,  but  in  all  cases  where  the  person  intending  to  purchase  or  an 
inspector  of  the  bureau  shall  so  desire  and  request  poultry  shall  be 
weighed  as  hereinbefore  provided.  (C.  O.,  §  388,  amend,  ord. 
effective  July  7,  1916.) 

Canned  goods  and  goods  sold  in  jars  not  included  in  this  section  which  applies 
to  goods  sold  only  by  weight  on  scales.  New  York  v.  Fredericks,  206  N.  Y.  618, 
aff'g  150  App.  Div.  83. 

This  section  does  not  apply  to  twine.  City  of  New  York  v.  Wilkinson,  151  App. 
Div.  660. 

This  section  held  valid.    City  of  New  York  v.  Marco,  58  Misc.  Rep.  225. 

§  14.  Confiscation  of  false  weights  or  measures. — Any  weight  which 
upon  being  tested  is  found  to  be  short  a  quarter  of  an  ounce  or 


WEIGHTS   AND   MEASURES  565 

more;  or  any  scale  of  240  pounds  capacity,  or  less,  which  upon  being 
tested  is  found  to  be  short  in  weight  by  a  quarter  of  a  pound  or  more; 
or  any  scale  of  a  capacity  of  between  240  and  400  pounds,  which 
upon  being  tested  is  found  to  be  short  2  pounds  or  more;  or  any  scale 
of  a  capacity  greater  than  400  pounds,  upon  being  tested,  is  found  to 
be  short  5  pounds  or  more;  or  any  scale  which  is  in  an  unfit  condition 
to  be  used  by  being  worn  out,  badly  rusted,  or  by  any  other  cause;  or 
any  measure  or  utensil  being  used  in  the  sale  or  purchase  of  any  com- 
modity or  article  of  merchandise,  which  does  not  conform  to  the 
standards  provided  by  statute,  may  be  summarily  confiscated  and 
destroyed  by  the  commissioner  or  an  inspector  of  the  bureau.  (C. 
O.,  §  389.) 

§  15.  Alteration  of  tested  appliances. — No  person  shall  alter  or 
change  in  any  manner,  any  weight,  measure,  scale  beam,  patent 
balance,  steelyard,  or  other  instrument,  to  be  used  in  weighing  or 
measuring  any  commodity  or  article  of  merchandise,  after  the  same 
has  been  tested,  sealed  and  marked  by  the  commissioner  or  an  in- 
spector of  the  bureau,  so  that  the  same  weigh  or  measure  inaccu- 
rately. (C.  O.,  §  384b.) 

§  16.  Defrauding  by  false  weights  or  measures. — No  person  shall 
injure  or  defraud  another  by  using  a  false  weight,  measure,  or  other 
apparatus;  in  weighing  or  measuring  of  any  commodity  or  article  of 
merchandise,  or  by  delivering  less  than  the  quantity  he  purports  to 
deliver.  (C.  O.,  §  388a.) 

§  17.  Use  of  inaccurate  weights  or  measures. — No  person  shall  use, 
in  weighing  or  measuring,  any  weight,  measure,  scale  beam,  patent 
balance,  steelyard  or  other  instrument,  which  shall  not  conform  to 
the  lawful  standard  therefor,  nor  shall  any  person  use  in  weighing  any 
scale  beam,  patent  balance,  steelyard  or  other  instrument  which 
shall  be  out  of  order  or  incorrect,  or  which  shall  not  balance.  (C.  O., 
§  386.) 

In  a  suit  to  recover  the  penalty  where  only  one  section  was  in  evidence,  held 
the  previous  sections  of  the  ordinance  must  be  introduced  in  evidence  to  show 
what  was  the  meaning  of  the  words  "aforesaid"  and  "such  standard."  City  of 
N.  Y.  v.  Spatz,  85  N.  Y.  Supp.  353.  This  ordinance  is  aimed  at  the  use  of  a  defec- 
tive weight  and  not  at  an  intentional  alteration.  Proof  of  guilty  intent  is  not  re- 
quired. City  of  N.  Y.  v.  Hewitt,  91  App.  Div.  445. 

§  18.  Repair  of  inaccurate  appliances. — All  weights,  measures, 
scale  beams,  patent  balances,  steelyards,  and  other  instruments  used 
for  weighing  or  measuring,  may  be  inspected  and  sealed  at  the  stores 
and  places  where  the  same  may  be  used;  and,  in  case  they  or  any  of 
them  shall  be  found  not  to  conform  to  the  standard  of  this  State,  the 
inspector  of  weights  and  measures  shall  condemn  the  same  and  shall 
seal  thereto  a  notice  that  such  scale  or  measure  does  not  conform  to 
the  lawful  standard.  Thereupon,  the  owner  thereof  shall,  within 
5  days  and  at  his  own  expense,  cause  the  same  to  be  so  altered  and 
repaired  as  to  conform  it  to  the  said  standard,  and  shall  cause  notice 
to  be  mailed  or  served  personally,  within  24  hours  after  such  altera- 
tion and  repair  upon  the  bureau^  in  writing,  that  such  scale  or  meas- 
ure has  been  so  altered  and  repaired,  but  shall  not  break  or  remove 
the  seal  or  notice.  No  person,  other  than  an  inspector  of  weights 
and  measures,  shall  remove  or  cause"  to  be  removed  the  said  notice. 
(C.  O.,  §  395,  amend.  Aug.  8,  1916.) 

§  19.  Right  of  inspection. — No  person  shall  refuse  to  exhibit  any 


566  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

weight,  measure,  scale  beam,  patent  balance,  steelyard,  or  other 
instrument  to  any  inspector  of  the  bureau,  for  the  purpose  of  inspec- 
tion or  examination.  (C.  O.,  §  393.) 

§  20.  Certificate  of  inspection. — Each  inspector  shall  give  a  certifi- 
cate to  the  owner  of  the  weights  or  measures  inspected,  and  shall 
keep  a  record  of  each  certificate  given  on  a  corresponding  stub. 
The  certificates  and  corresponding  stubs  shall  be  numbered  con- 
secutively. The  books  containing  the  stubs,  after  the  corresponding 
certificates  have  been  given  out,  shall  become  a  public  record.  The 
commissioner  shall,  when  required,  certify  extracts  from  such  rec- 
ords. (C.  O.;  §  401.) 

§  21.  Interference  with  inspectors. — No  person  shall  in  any  way  or 
manner  obstruct,  hinder  or  molest  the  commissioner  or  any  inspector 
of  the  bureau  in  the  performance  of  his  duties  as  herein  imposed 
upon  him.  (C.  O.,  §394.) 

§  22.  Violations.  1.  Report  of. — The  commissioner  shall  report 
forthwith  to  the  corporation  counsel  the  names  and  places  of  business 
of  all  persons  violating  any  of  the  provisions  of  this  chapter,  and  of  all 
persons  making  use  of  any  fraudulent  or  unsealed  weights,  measures, 
scales  or  other  instruments  for  weighing  or  measuring.  (C.  O.,  §  399.) 

2.  Punishment.  Any  person  who  shall  violate  any  provision  of 
this  article  shall  forfeit  and  pay  a  penalty  of  $100  for  each  and  everv 
such  offense.  (C.  O.,  §  388,  in  part.) 


ARTICLE  3 

STANDARDS  FOR  VARIOUS  COMMODITIES 

Sec.  30.  Bread. 

§  31.  Coal  and  coke. 
§  32.  Firewood. 
§  33.  Ice. 
§34.  Poultry. 
§  35.  Violations. 

Sec.  30.  Bread. — All  bread  baked  and  offered  or  exposed  for  sale 
shall  be  made  of  good  and  wholesome  flour  or  meal,  and  sold  by 
avoirdupois  weight.  All  loaf  bread  offered  for  sale  not  in  conformity 
with  the  provisions  of  this  article  shall  be  forfeited,  and  may  be 
seized  and  disposed  of  for  the  use  of  the  city.  (Manh.  Ord.,  §§  15, 
17.) 

Ordinance  regulating  sale  of  bread  under  a  penalty,  held  unreasonable  and  void. 
City  of  Buffalo  v.  Collins  Bak.  Co.,  39  App.  Div.  432. 

§  31.  Coal.  1.  To  be  sold  by  weight. — Coal  shall  be  sold  by  avoir- 
dupois weight,  as  hereinafter  provided.  A  person,  firm  or  corpora- 
tion shall  not  attempt  to  sell  or  deliver  less  than  two  thousand  pounds 
by  weight  to  the  ton  of  coal  or  a  proper  proportion  thereof  in  quan- 
tities less  .than  a  ton  and  shall  be  liable  to  a  penalty  of  not  exceeding 
$50,  provided  that  in  all  cases  thirty  pounds  to  a  ton  shall  be  allowed 
for  the  variation  in  scales  and  wastage. 

2.  Scales,  designation  of.  There  shall  be  designated  by  the  com- 
missioner stationary  scales,  suitable  for  the  purpose  of  weighing 


WEIGHTS   AND    MEASURES  567 

coal,  the  owners  of  which  may  tender  the  same  for  public  use  in 
different  parts  of  the  city  in  such  number  and  locality  as  shall  be 
deemed  necessary,  on  which  the  coal,  or  the  vehicle,  with  or  without 
coal,  may  be  weighed.  The  scales  so  designated  shall  be  provided  at 
the  expense  of  the  owners  thereof,  with  test  weights,  and  shall  be 
subject  at  all  times  to  the  inspection  and  supervision  of  the  commis- 
sioner or  an  inspector  of  weights  and  measures,  who  shall  inspect  such 
scales  at  least  once  in  each  month.  Such  scales  shall  also  be  provided 
by  the  owner  thereof  with  a  competent  weighmaster.  The  owner 
of  such  scales  shall  be  entitled  to  charge  for  weighing  coal,  and  ve- 
hicles containing  coal  at  such  scales,  a  fee  of  not  exceeding  fifteen 
cents  per  ton;  empty  vehicles  returning  to  such  scale  and  after 
delivery  of  coal  contained  therein  shall  be  re\veighed  without  further 
charge. 

3.  Owner  of  scales  to  give  bond.     The  owner  of  such  scales  so  desig- 
nated shall  enter  into  a  bond  with  the  city  in  which  such  scales 
are  situated  in  the  sum  of  five  hundred  dollars,  \vith  two  sufficient 
sureties,  conditioned  that  such  scales  shall  be  kept  in  such  condition 
as  at  all  times  to  properly  register  the  weight  of  coal  and  that  the 
person  weighing  coal  thereat  shall  perform  his  duties  faithfully,  and 
furnish  like  certificates  to  all  persons  having  coal  or  coal  vehicles 
weighing  at  such  scales.    The  amount  of  such  bond  shall  be  recover- 
able at  the  suit  of  the  city  on  proof  that  any  conditions  thereof 
have  not  been  complied  with. 

4.  Delivery  tickets.     It  shall  be  unlawful  for  any  person,  firm  or 
corporation  delivering  coal  to  deliver  or  cause  to  be  delivered  any 
quantity  or  quantities  of  coal  which  shall  have  been  sold  by  weight 
without  each  such  delivery  being  accompanied  by  a  delivery  ticket 
and  a  duplicate  thereof,  on  each  of  which  shall  be  in  ink,  or  other 
indelible  substance,  distinctly  expressed  in  pounds,  the  quantity  or 
quantities  of  coal  contained  in  a  car,  wagon  or  other  vehicle  used 
in  such  delivery,  with  the  name  of  the  purchaser  thereof  and  the 
name  of  the  dealer  from  whom  purchased.    One  of  such  tickets  shall 
be  delivered  to  the  purchaser  of  the  coal  specified  thereon  and  t'ie 
other  of  such  tickets  shall  be  retained  by  the  seller  of  the  coal.    Any 
person,  firm  or  corporation  who  shall  violate  provisions  of  this 
section  shall  be  liable  to  a  penalty  of  not  exceeding  fifty  dollars. 

5.  Proviso  as  to  delivery  of  entire  cargo.     The  preceding  section 
shall  not  apply  to  coal  delivered  by  the  entire  cargo  direct  from  the 
vessel  containing  the  same  to  one  destination  and  accepted  by 
the  purchaser  on  the  original  bill  of  lading  as  proof  of  weight;  but 
with  every  such  delivery  of  an  entire  cargo  of  coal  in  the  city  there 
shall  be  delivered  to  the  purchaser  thereof  one  of  the  original  bills 
of  lading,  issued  by  the  person,  firm  or  corporation  by  whom  the 
coal  was  loaded  into  the  vessel  from  which  such  coal  is  delivered  to 
the  purchaser  of  the  entire  cargo  thereof,  on  each  of  which  bills 
of  lading  there  shall  be  in  ink  or  other  indelible  substance,  distinctly 
expressed,  the  date  and  place  of  loading  such  cargo  and  the  number 
of  pounds  contained  thereon.    Any  person,  firm  or  corporation  who 
shall  violate  the  provisions  of  this  section  shall  be  liable  to  a  penalty 
of  not  exceeding  fifty  dollars. 

6.  Right  of  purchaser  to  have  coal  reweighed.     It  shall  be  the  right 
of  every  purchaser  of  coal  before  accepting  delivery  of  same  to  have 


568  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

any  of  the  delivery  of  such  coal  weighed  at  his  expense  at  any  of  the 
scales  designated  under  the  provisions  of  the  preceding  sections, 
provided  such  scales  are  within  one-half  mile  of  the  place  of  loading 
or  the  place  of  delivery  of  the  coal,  and  for  this  purpose  to  require 
that  any  vehicle  containing  coal  purchased  by  him  shall  be  taken 
by  the  driver  or  other  person  in  charge  thereof  to  such  scales  for 
the  purpose  of  having  the  same  weighed,  and  after  the  delivery  of 
the  coal,  to  require  that  the  vehicle  from  which  such  coal  so  pur- 
chased shall  have  been  delivered  shall  be  taken  by  the  driver  thereof, 
or  any  other  person  in  charge  thereof,  to  such  scales  to  be  weighed 
at  the  expense  of  the  purchaser  thereof,  and  a  certificate  of  the  weight 
of  such  coal  so  weighed  as  aforesaid  shall  thereupon  be  furnished  to 
the  purchaser  of  such  coal  by  the  owners  of  scales  by  which  such  coal 
is  so  weighed. 

7.  Penalty  for  refusal  to  permit  coal  to  be  reweighed.    The  refusal 
of  any  person,  firm  or  corporation  to  permit  coal  purchased  from 
him  to  be  reweighed  at  the  request  of  the  purchaser  thereof,  as 
aforesaid,  or  an  inspector  of  weights  and  measures,  or  any  driver  or 
other  person  in  charge  of  a  vehicle  containing  coal  from  which  coal 
has  been  delivered,  to  take  the  same  at  the  request  of  the  purchaser 
or  an  inspector  of  weights  and  measures  to  such  scales  for  the  pur- 
pose of  having  the  same  weighed,  provided,  however,  that  the  pur- 
chaser of  such  coal  shall  have  first  paid  the  owners  of  the  scales  or 
the  seller  of  such  coal,  or  the  driver  or  other  person  in  charge  of  the 
vehicle  containing  such  coal  an  amount  sufficient  to  meet  the  charges 
for  weighing  such  coal  shall  render  the  person,  firm  or  corporation 
selling  the  coal  liable  to  a  penalty  not  to  exceed  one  hundred  dollars. 

8.  Penalty  for  fraudulent  weighing.    Any  owner  of  such  scales  or 
any  agent  or  representative  of  his,  or  any  weighmaster  employed 
by  him  thereat  who  shall  be  concerned  in  any  manner  in  any  fraudu- 
lent weighing  of  coal  at  such  scales,  or  false  entry  of  such  weighings, 
shall  forfeit  and  pay  for  every  such  offense  the  sum  of  one  hundred 
dollars. 

9.  Owner  of  scales  to  keep  memorandum  book.     Every  owner  of 
such  scale  shall  keep  a  book  in  which  shall  be  entered  in  ink  a  memo- 
randum of  every  load  of  coal  weighed  at  such  scales  showing  the 
name  of  the  person,  firm  or  corporation  delivering  such  coal,  the 
net  weight  thereof,  as  shown  by  the  delivery  ticket  thereof,  of  such 
person,  firm  or  corporation,  the  name  of  the  purchaser  thereof,  the 
gross  and  net  weight  of  the  coal  so  weighed  and  the  date  of  weighing. 
Such  book  shall  be  the  book  of  original  entries  and  all  certificates 
delivered  by  the  owner  of  such  scales  shall  be  copies  of  the  entries 
contained  therein,  and  such  book  shall  at  all  reasonable  hours  be 
open  to  the  inspection  of  any  citizen.    Such  book  shall  be  furnished 
by  the  commissioner  and  when  such  book  of  entries  is  completed 
such  book  shall  be  delivered  to  the  commissioner  and   filed  as  a 
public  record. 

10.  Bills-of -lading;  penalty  for  altering.    A  person  guilty  of  alter- 
ing, with  intent  to  defraud,  any  original  bill  of  lading  issued  by 
the  person,  firm  or  corporation  by  whom  the  coal  was  loaded  into 
the  vessel  in  which  such  coal  is  transported  or  of  uttering  any  such 
bill  of  lading  so  altered,  or  who  is  guilty  of  making,  preparing  or 
subscribing  or  uttering  false  or  fraudulent  manifest,  invoice  or  bill 


*  WEIGHTS  AND   MEASURES  569 

of  lading  thereof,  or  removing  any  part  of  such  cargo  of  coal  without 
having  the  amount  thereof  certified  to  in  writing  on  such  original 
bill  of  lading,  by  the  person,  firm  or  corporation  receiving  the  coal  so 
removed,  and  by  the  captain  of  the  vessel  containing  such  cargo,  shall 
forfeit  and  pay  for  every  such  offense  the  sum  of  one  hundred  dollars. 
11.  Markings  of  bags  and  baskets.  All  coal  sold  or  offered  for  sale 
in  baskets,  bags  or  other  receptacles  used  for  the  delivery  of  such 
coal  must  have  the  weight  of  the  contents  plainly  marked  on  the 
outside  thereof  in  solid  roman  capital  letters  at  least  an  inch  in 
height.  Any  person,  firm  or  corporation  delivering  coal  as  afore- 
said in  violation  of  this  section  shall  forfeit  and  pay  for  every  such 
offense  the  sum  of  fifty  dollars. 

Adopted  December  18,  1917.    Approved  December  26,  1917. 

Taken  from  the  State  law  on  the  subject.  See  L.  1900,  ch.  327,  art.  10,  sees.  150, 
151. 

That  such  an  act  is  valid  is  unquestionable.  Where  it  was  required  to  have  coal 
weighed  by  city  weighers,  the  requirement  was  held  not  to  be  void  as  in  restraint 
of  trade  or  unreasonable.  Stokes  v.  Corporation,  14  Wend.  87. 

§  32.  Firewood.  1.  Measuring. — No  firewood  shall  be  sold  other- 
wise than  according  to  the  following  regulations,  that  is  to  say: 
The  stanchions  of  each  cart  or  sled  which  shall  be  employed  in  the 
carrying  the  same  shall  be  5  feet  4  inches  high  from  the  floor  of  the 
cart  or  sled,  and  no  higher;  and  the  breadth  of  such  cart  or  sled, 
between  the  two  foremost  stanchions,  shall  be  2  feet  5  inches,  ana 
between  the  two  hindmost  stanchions  2  feet  9  inches,  and  no  more; 
in  which  space  between  the  two  stanchions,  every  cartman  who  shall 
cart  any  wood  shall  stow  as  much  wood  and  as  close  together  as  can 
conveniently  be  put,  or  as  much  of  it  as  will  amount  to  37  feet  10  2/3 
inches,  cubic  measure,  which  shall  constitute  and  be  deemed  a  load, 
and  shall  and  may  be  bought  and  sold  accordingly.  (Manh.  Ords., 
§22.) 

2.  Crooiced  wood.    No  crooked  wood  shall  be  stowed  with  other 
wood  in  any  cart  or  sled  constructed  in  manner  aforesaid,  but  the 
same  may  be  sold  or  disposed  of  as  refuse  wood,  not  subject  to  the 
above  regulations;  and  if  any  cartman  who  shall  cart  firewood  shall 

Eut,  or  suffer  to  be  put,  in  his  cart  such  crooked  wood  as  will  prevent 
is  cart  from  containing  a  full  load  between  the  stanchions  thereof, 
ho  shall,  for  every  load  so  carted,  forfeit  the  sum  of  $1.    (Manh.  Ords. 
§24.) 

3.  Carting.    No  cartman  shall  cart  any  firewood  for  sale  except  in 
carts  made  and  constructed  as  by  law  directed,  and  loaded  as  above 
mentioned.    (Manh.  Ords.,  §  23.) 

§  33.  Ice. — No  person  shall  sell  or  offer  for  sale  ice  in  any  manner 
other  than  by  weight,  and  the  same  shall  be  weighed  immediately 
before  delivery.  (C.  O.,  §  388b.) 

§  34.  Poultry. — No  turkeys  or  chickens  shall  be  offered  for  sale 
unless  their  crops  are  free  from  food  or  other  substance,  and  shrunken 
close  to  their  bodies.  All  fowls  exposed  for  sale  in  violation  of  this 
ordinance  shall  be  seized  and  condemned.  Such  of  them  as  shall  be 
tainted  shall  be  destroyed,  and  those  which  are  fit  for  food  shall 
be  used  in  the  public  institutions  of  the  city.  (Manh.  Ords.,  §  20.) 

§  35.  Violations. — Any  person  who  shall  violate  any  provision  of 
this  article  shall  forfeit  and  pay  a  penalty  of  $50,  for  each  and  every 
such  offense.  (C.  O.,  §391.) 


570  CODE   OF   ORDINANCES   OF  THE   CITY   OF  NEW   YORK 

CHAPTER  27 
Miscellaneous 

Sec.  1.  Advertisements;  false  and  misleading. 
§  la.  Persons  acting  as  auctioneers. 
§  2.  Dog-stealing. 

§  3.  Bathing  in  public;  floating  baths. 

§  3a.  Beaches  and  other  parts  of  the  water  front  to  be  pro- 
tected against  bottles,  crockery,  glass  and  glassware. 

4.  City  magistrates'  courts. 

5.  Jurors'  fees. 

6.  Letter-boxes. 

7.  Queens  county;  county  clerk's  fees. 

8.  Session    laws;    compensation    for    same    in    Queens    and 

Richmond. 
§  9.  Inspection  of  meats. 
§  9a.  Willful  destruction  of  foods. 
§  10.  Violations. 

Sec.  1.  Advertisements;  false  and  misleading. — Any  person  who, 
with  intent  to  sell  or  in  any  wise  dispose  of  merchandise,  securities, 
service  or  anything  offered,  directly  or  indirectly,  by  such  person 
to  the  public  for  sale  or  distribution,  or  with  intent  to  increase  the 
consumption  thereof,  or  induce  the  public  in  any  manner  to  enter 
into  any  obligation  relating  thereto,  or  to  acquire  the  title  thereto, 
or  any  interest  therein,  makes,  publishes,  disseminates,  circulates 
or  places  before  the  public,  or  causes  directly  or  indirectly  to  be  made, 
published,  disseminated,  circulated  or  placed  before  the  public  in 
any  newspaper  or  other  publication,  sold  or  offered  for  sale  upon 
any  street  or  public  place,  or  on  any  sign  upon  any  street  or  public 
place,  or  in  any  hand  bill  or  advertisement  posted  upon  any  street 
or  public  place,  or  on  any  placard,  advertisement  or  hand  bill  ex- 
hibited or  carried  in  any  street  or  public  place,  or  on  any  banner 
or  sign  flying  across  the  street  or  from  any  house,  an  advertisement 
of  any  sort  regarding  merchandise,  securities,  service  or  anything  so 
offered  to  the  public,  which  advertisement  contains  any  assertion, 
representation  or  statement  which  is  untrue,  deceptive  or  misleading, 
shall  be  punished  by  a  fine  of  not  less  than  $25  nor  more  than  $250, 
or  by  imprisonment  of  not  less  than  5  days  nor  more  than  6  months, 
or  by  both  such  fine  and  imprisonment.  (Ord.  Apr.  14,  1914.) 

§  la.  Persons  acting  as  auctioneers. — No  person,  firm  or  corpora- 
tion shall  represent  or  circulate  or  place  before  the  public  any  an- 
nouncement, nor  insert  nor  cause  to  be  inserted  in  any  city,  business 
or  telephone  directory,  any  notice  that  such  person,  firm  or  cor- 
poration conducts  the  business  of  an  auctioneer  without  having  first 
obtained  a  license  as  such  from  the  city  clerk. 

Adopted  November  29,  1916."  Became  effective  December  12,  1916. 

§  2.  Dog-stealing.  No  person  shall  remove,  or  cause  to  be  re- 
moved, the  collar  or  license  tag  from  the  neck  of  any  dog;  nor  shall 


MISCELLANEOUS  571 

any  person  entice  any  properly  licensed  dog  into  any  enclosure  for 
the  purpose  to  taking  off  its  collar  or  license  tag;  nor  shall  any  per- 
son, for  such  purpose,  decoy  or  entice  any  animal  out  of  the  enclosure 
or  house  of  its  owner  or  possessor,  or  seize  or  molest  any  dog  while 
held  or  led  by  any  person,  or  while  properly  muzzled,  or  while  wear- 
ing a  collar  with  a  proper  license  tag  attached,  nor  shall  any  person 
bring  any  dog  into  the  city  for  the  purpose  or  taking  up,  killing  or 
selling  the  same. 

Adopted  February  10,  1920.     Approved  February  20,  1920. 

(NOTE.  This  section  was  originally  entitled  "animals"  with  3 
subdivisions  of  which  numbers  1,  Public  pounds,  and  3,  Horses, 
swine  and  neat  cattle,  were  repealed  and  subdivision  2,  Dog-steal- 
ing, retained  by  this  ordinance.) 

§  3.  Bathing  in  public;  floating  baths. — No  persons  shall  swim  or 
bathe  in  any  of  the  waters  within  the  jurisdiction  of  the  city,  ex- 
cept in  public  or  private  bathing  houses,  unless  covered  with  a 
bathing  suit  so  as  to  prevent  any  indecent  exposure  of  the  person; 
nor  shall  any  person  dress  or  undress  in  any  place  exposed  to  view. 
The  president  of  the  borough,  in  which  the  same  are  situated,  is 
authorized  to  perfect  and  promulgate  all  suitable  rules  and  regula- 
tions governing  the  use  of  the  free  floating  baths  of  the  city,  and 
breaches  of  said  rules  and  regulations  shall  be  punishable  by  a  fine 
not  exceeding  $5  for  each  offense,  or  by  imprisonment  not  exceeding 
one  day.  (C.O.,  §208.) 

§  3a.  Beaches  and  other  partes  of  the  water-front  to  be  protected  against 
bottles,  crockery,  glass  and  glassware. — No  person  shall  throw,  cast, 
lay  or  deposit  a  glass  bottle  or  piece  of  crockery,  nor  any  glass  or 
glassware,  or  any  part  thereof,  on  any  beach  or  other  part  of  the 
water-front,  or  in  any  park  of  the  city.  A  copy  of  this  section,  with 
a  proper  reference  to  the  punishment  provided  for  its  violation  by 
section  10  of  this  chapter,  shall  be  conspicuously  posted  by  the  police 
commissioner  on  all  beaches,  and  in  all  bathing  houses  thereon,  and 
in  all  parks,  and  on  all  excursion  boats  plying  the  waters  of  the  port 
of  New  York,  during  the  months  of  May  to  October,  inclusive,  in 
each  year.  (New.  Ord.  May  25,  1915.) 

§  4.  City  magistrates' 'c  ourts. — An  additional  city  magistrate's  court 
district,  for  the  borough  of  Manhattan,  is  hereby  established  for 
the  upper  west  side  of  said  borough,  the  boundaries  of  which  shall 
be  fixed  in  accordance  with  the  provisions  of  §  70,  chapter  659  of 
the  Laws  of  1910,  and  the  court  house  thereof  shall  be  located  on 
the  upper  West  Side,  between  W.  140th  st.  and  W.  160th  st.,  in 
said  borough.  The  court  shall  be  known  as  the  12th  District  Mag- 
istrate's Court.  (Ord.,  Sept.  23,  1913.) 

§  5.  Jurors'  fees. — In  pursuance  of  §  3314  of  the  Code  of  Civil 
Procedure  it  is  hereby  directed  that  the  sum  of  $3  be  allowed  to  each 
grand  juror  and  each  trial  juror  for  each  day's  necessary  attendance 
by  him,  as  such  a  juror,  at  a  term  of  any  court  of  record  of  civil  or 
criminal  jurisdiction  held  within  the  City  of  New  York;  provided, 
however,  that  no  such  juror  shall  be  so  paid  for  attendance  on  any 
day  on  which  he  shall  be  excused  from  service  at  his  own  request. 
(C.  O.,  §§  492,  564,  as  amended.) 

Adopted  July  1,  1919.    Approved  July  9,  1919. 


572  CODE   OF  ORDINANCES  OP  THE   CITY  OP  NEW  YORK 

§  6.  Letter  boxes. — The  post  office  authorities  and  owners  of  prop- 
erty in  the  city  are  hereby  given  permission,  subject  to  the  approval 
of  the  borough  president  having  jurisdiction,  to  attach  temporarily 
small  mail  boxes,  known  as  letter  boxes,  to  any  building  or  part 
thereof;  provided,  however,  the  consent  in  writing  of  the  owner  of  the 
property  be  given  and  filed  with  the  borough  president  having  juris- 
diction, and  further  provided  the  work  be  done  without  cost  to  the 
city.  Application  for  permission  to  attach  any  such  letter  box  must 
be  made  in  writing  to  the  president  of  the  borough  having  jurisdic- 
tion, and  in  the  form  prescribed  by  him.  (Ord.  Apr.  28,  1914.) 

§  7.  Queens  county;  county  clerk's  fees. — The  following  prices  and 
charges  are  hereby  fixed  for  services  rendered  by  the  county  clerk 
of  Queens,  in  carrying  out  the  provisions  of  the  various  laws  which 
affect  his  office  and  for  which  no  amount  is  fixed  by  statute: 

Examining  all  papers  as  required  by  Tax  Law  and  reporting  to  the 
State  comptroller's  office;  5  cents  for  each  instrument  examined; 

For  indexing  all  names  in  index  of  deeds,  mortgages,  lis  pendens, 
judgments,  calendars,  common  rule,  and  marriage  licenses:  2  cents 
for  each  name  indexed; 

For  assorting,  arranging,  numbering,  filing,  etc.,  all  judgments 
and  special  proceedings:  $1  for  each  judgment  or  decree; 

For  docketing  sheriff's  returns  on  executions:  6  cents  for  each 
return; 

For  filing  sheriff's  returns  on  executions:  6  cents  each; 

For  preparing  calendars  for  printer:  10  cents  per  folio; 

For  recording  calendars  in  calendar  book:  12^  cents  per  case; 

For  notifying  county  judge,  sheriff,  commissioner  of  jurors,  and 
newspapers  as  to  drawing  of  jurors:  10  cents  per  folio; 

For  making  and  preparing  lists  of  jurors  for  county  judge,  sheriff, 
commissioners  of  jurors,  and  Supreme  Court:  10  cents  per  folio; 

For  preparing  reports,  making  copies  of  judgments,  entering 
judgments,  furnishing  transcripts  and  reporting  to  State  commis- 
sioner of  excise  on  all  persons  convicted  of  violation  of  the  Liquor  Tax 
Law:  $30  per  month; 

For  preparing  report  to  the  Secretary  of  State  of  all  persons  con- 
victed of  crimes:  $20  per  month; 

For  entering,  filing  and  notifying  all  papers  filed,  in  clerk's  minutes 
for  Supreme  and  County  courts:  6  cents  for  each  paper  filed;  > 

For  indexing  all  cases  in  clerk's  minutes:  2  cents  per  name; 

For  attending  and  drawing  jury:  $2  each  jury; 

Delivering  jury  box  to  court:  $3  per  day; 

Indexing  all  titles  in  map  index:  2  cents  per  name  or  title; 

For  recopying  and  transcribing  public  maps,  recoloring  same, 
repairing  missing  parts:  6  cents  per  square  inch  for  drawing,  $1  per 
hour  for  recoloring.  (Ord.  May  5,  1914.) 

§  8.  Session  laws;  compensation  for  same  in  Queens  and  Richmond  — 
The  compensation  for  publication  of  the  Session  Laws  in  the  counties 
of  Queens  and  Richmond,  respectively,  is  hereby  fixed  at  the  rate 
of  50  cents  per  folio.  (Ord.  Apr.  14, 1914.) 

§  9.  1.  Inspection  of  meat. — No  carcasses  or  parts  of  the  carcasses 
of  cattle,  calves,  sheep,  lambs  or  swine,  shall  be  offered  for  sale, 
sold,  or  given  away  in  any  public  market  in  the  City  of  New  York 
until  they  shall,  respectively,  have  been  inspected  and  passed  as  fit 


MISCELLANEOUS  573 

for  human  food  by  a  duly  authorized  inspection  of  the  United  States 
government  or  a  duly  authorized  inspector  of  the  Health  Department 
of  the  City  of  New  York,  or,  in  the  case  of  parts  of  a  carcass,  unless 
such  part  shall  have  been  cut  from  a  carcass  or  part  of  a  carcass  which 
had  previously  been  inspected  and  passed  as  hereinbefore  provided. 

2.  Marking  of;  certificate.    Such  inspector  of  the  Department  of 
Health,  upon  finding  such  carcass  or  part  of  a  carcass,  as  the  case 
may  be,  fit  for  human  food,  shall  proceed  to  mark  such  carcass  or 
part  of  a  carcass  by  branding  or  stamping  thereon  a  number  and 
the  words  "Department  of  Health"  and  "Inspected  and  Passed," 
together  with  the  date  of  inspection  and  the  name  of  the  inspector, 
all  set  forth  in  conspicuous  type  in  the  following  form : 

No 

Department  of  Health. 

Inspected  and  Passed 

(Date) 

(Name  of  Inspector) 

and  such  inspector  shall  also,  upon  branding  or  stamping  such  car- 
cass or  part  of  a  carcass,  deliver  to  the  owner  thereof  or  said  owner's 
representative  a  certificate,  which  shall  be  substantially  in  the 
following  form: 

No... 

Department  of  Health. 

(Brief  description  of  carcass  or  part  of  carcass) 

(Place  of  Inspection) 

(Name  of  Dealer) 

Inspected  and  Passed 

(Date)  

(Name  of  Inspector)  

Such  brand  or  stamp  marks,  as  well  as  such  certificates,  shall  be 
consecutively  numbered,  and  the  number  of  the  brand  or  stamp 
mark  shall,  in  every  instance,  correspond  with  the  number  of  the 
certificate. 

3.  Certificate;  number  of;  filing  of.     Every  such  certificate  shall 
be  made  in  triplicate  form,  and  the  inspector  shall  deliver  the  orig- 
inal to  the  owner  of  the  carcass  or  part  of  a  carcass  to  which  such 
certificate  relates,  or  said  owner's  representative,  and  file  a  copy 
thereof,  respectively,  in  the  Department  of  Health  and  in  the  office 
of  the  Comptroller. 

4.  Certificate,  fee  for.    For  each  carcass  or  part  of  a  carcass  thus 
marked  and  for  which  a  certificate  shall  have  been  issued  as  herein, 
before  provided,  the  owner  thereof  shall  pay  to  the  city  of  New  York 
the  sum  of  5  cents,  and  all  moneys  shall  be  collected  monthly  by 
the  comptroller. 

5.  Carcass  or  part  of,  when  deemed  Jit  as  human  food.     For  the 
purpose  of  this  ordinance,  no  such  carcass  or  part  of  a  carcass  shall 
be  deemed  to  have  been  inspected  and  passed  as  fit  for  human  food 
by  an  inspector  of  the  Department  of  Health  unless  such  carcass  or 
part  of  a  carcass  shall  haSe  been  branded  or  stamped  and  a  certificate 
shall  have  been  issued,  as  hereinbefore  provided. 

6.  Exceptions.    The  provisions  of  this  ordinance  shall  not,  how- 
ever, apply  to  carcasses  or  parts  of  the  carcasses  of  cattle,  calves, 


574  CODE   OP  ORDINANCES  OF  THE  CITY  OP  NEW  YORK 

lambs,  or  swine  killed  in  any  slaughter  house  in  the  City  of  New 
York  conducted  under  a  permit  issued  by  the  Board  of  Health. 
(New.  Ord.  May  18,  1915.) 

7.  Violations.  Any  person  who  shall  violate  or  neglect  to  comply 
with  any  provisions  of  this  ordinance  shall,  upon  conviction  thereof, 
be  punished  by  a  fine  of  not  more  than  $100,  or  by  imprisonment 
not  exceeding  30  days,  or  by  both  such  fine  and  imprisonment. 
(New.  Ord.  app.  May  18,  1915.) 

§  9a.  Willful  destruction  of  food  prohibited;  exception. — No  person, 
firm  or  corporation  shall  willfully  waste  or  destroy,  or  cause,  suffer 
or  allow  to  be  willfully  wasted  or  destroyed,  any  wholesome  food 
fit  for  human  consumption.  Provided,  however,  the  provisions  of 
this  section  shall  not  apply  where  the  willful  destruction  and  waste 
of  such  food  is  regulated  or  controlled  by  the  provisions  of  the 
United  States  Food  Control  Laws,  or  the  New  York  State  Food 
Control  Laws.  Any  person,  firm  or  corporation  who  shall  violate 
the  provisions  of  this  section  shall,  upon  conviction  thereof,  be  pun- 
ished by  a  fine  of  five  dollars  ($5),  or  be  imprisoned  for  a  period  not 
exceeding  one  day,  or  may  be  both  fined  and  imprisoned. 

This  section  shall  take  effect  immediately  and  shall  continue  in 
force  during  the  time  the  United  States  is  at  war  and  thereafter 
until  the  mayor  shall  declare  that  the  emergency  causing  the  enact- 
ment thereof  no  longer  exists.  (New.) 

Adopted  April  9,  1918.    Approved  April  13,  1918. 

§  10.  Violations. — Whenever  in  any  chapter  of  this  ordinance 
no  specific  punishment  is  provided  for  the  violation  of  a  provision 
thereof,  the  punishment,  upon  conviction  for  such  violation,  shall 
be  a  fine  of  not  more  than  $10,  or  imprisonment  for  not  exceeding 
10  days,  or  both  such  fine  and  imprisonment.  (C.  O.,  Part  XVI.) 

The  former  ordinance  provided  for  a  "penalty"  of  ten  dollars.  A  penalty  is 
recovered  in  a  civil  action  whereas  a  "fine"  (as  now  provided)  is  recovered  in  a 
criminal  action.  This  is  really  a  return  to  the  provision  of  the  Consolidation  Act 
(L.  1882,  ch.  410)  which  declared,  §  85,  that  every  violation  of  the  ordinances 
should  be  a  misdemeanor.  The  Greater  N.  Y.  Charter  changed  this  and  by  §  50, 
gave  the  Board  of  Aldermen  power  to  impose  "such  fines,  penalties,  forfeitures  or 
imprisonment  as  may  by  law  be  prescribed."  This  penalty  clause  was  drawn  to 
come  within  that  provision  and  meet  the  objection  to  the  old  clause  in  People  v. 
Marks,  Russell,  C.  J.,  N.  Y.  Law  Journal,  Feb.  15,  1913.  As  §  786  of  the  ordinances 
of  1897  prescribed  a  penalty  of  ten  dollars  that  has  been  the  law  until  now. 


to  imi 

New 

Laws  1895,  and  continued  in  them  by  section  1392  of  the  original  and  amended 

Charters.    This  would  clearly  seem  to  give  the  City  Magistrates  jurisdiction  where 

the  ordinances  have  specifically  made  an  offense  a  misdemeanor. 


REPEAL  575 

CHAPTER  28 
Repeal 

Sec.  1.  Existing  ordinances  repealed. 
§  2.  Saving  clause. 

Sec.  1.  Existing  ordinances  repealed. — All  other  general  ordinances 
or  parts  of  general  ordinances  of  the  city,  in  force  on  the  date  when 
this  ordinance  shall  take  effect,  are  hereby  repealed. 

The  repeal  clause  originally  reported  by  the  Codification  Committee  was  more 
sweeping  and  repealed  "all  other  ordinances  and  parts  of  ordinances  in  force,"  etc. 
(City  Record,  Feb.  18,  1915.)  This  was  changed  to  apply  to  "general"  ordinances 
alone  because  the  city  charter  only  required  "general"  ordinances  to  be  codified 
and  this  code  in  no  way  affected  such  "special"  ordinances  as  the  tax  levy,  cor- 
porate stock  issues,  salaries  and  kindred  subjects.  (City  Record,  March  11,  1915, 
p.  2013.) 

All  local  ordinances  relating  to  the  different  cities,  towns  and  villages  which  were 
united  in  the  Greater  New  York  Charter  are  repealed  unless  expressly  incorporated 
in  this  code.  These  local  ordinances  were  all  carefully  considered  in  preparing  thia 
code  and  being  of  a  general  nature  are  now  covered  by  the  ordinances  applicable  to 
the  entire  city.  (See  Appendix  B,  Report  of  Codification  Committee  of  Jan.  4,  1915, 
and  printed  in  pamphlet  form.) 

§  2.  Saving  clause. — No  right  or  remedy  of  any  character  shall 
be  lost,  impaired  or  affected  by  reason  of  this  ordinance,  nor  shall 
it  affect  or  impair  any  act  done  or  right  accruing,  accrued  or  acquired, 
nor  any  penalty,  forfeiture  or  punishment  incurred  prior  to  the  time 
when  the  same  shall  take  effect,  or  by  virtue  of  any  ordinance,  or 
part  thereof,  repealed  or  modified  by  this  ordinance,  but  the  same 
may  be  asserted,  enforced,  prosecuted  or  inflicted,  as  fully  and  to 
the  same  extent,  as  if  such  senior  ordinance,  or  part  thereof,  had 
not  been  repealed  or  modified.  (Adapted  from  Charter,  §  1614.) 

§  2.  This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen  June  20,  1916. 
Approved  by  the  Mayor  July  6,  1916. 

The  above  is  the  date  of  the  adoption  of  entire  foregoing  Code,  excepting  the 
sections  in  the  Addenda. 

GENERAL  NOTES 

The  following  citations  are  given  merely  as  a  ready  reference  to  certain  matters, 
frequently  arising  in  connection  with  the  ordinances. 

Evidence,  Ordinances  must  be  pleaded. — The  courts  will  not  take  judicial  notice 
of  municipal  ordinances.  They  must  be  specially  pleaded  and  proved.  City  of 
N.  Y.  v.  Knickerbocker  Trust  Co.,  104  App.  Div.  223;  People  y.  New  York,  7 
How.  Pr.  81 ;  Harker  v.  New  York,  17  Wend.  199.  But  where  there  is  a  common  law 
liability  then  it  is  not  necessary  to  plead  the  ordinance  to  admit  it  as  proof  of  neg- 
ligence. Berry  v.  Urban  Water  Supply  Co.,  163  App.  Div.  21. 

Validity. — An  ordinance  adopted  pursuant  to  authority  from  the  legislature 
has  the  same  force  within  the  corporate  limits  as  a  statute  passed  by  the  Legis- 
lature. Village  of  Carthage  v.  Frederick,  122  N.  Y.  268;  City  of  Buffalo  v.  N.  Y. 
&  Lake  Erie  R.  R.,  152  N.  Y.  276;  Ford  v.  N.  Y.  Central,  33  App.  Div.  474. 

The  charter  of  a  city  limits  the  extent  of  its  ordinances.  City  of  Rochester  v. 
West,  29  App.  Div.  125,  aff'd  164  N.  Y.  510. 

Penalties. — A  penalty  must  be  certain  and  is  void  for  uncertainty.  City  of  Utica 
v.  Blakeslee,  46  How.  Pr.  165;  and  where  "fixed  penalties"  are  prescribed,  the 
ordinance  must  so  conform.  City  of  Poughkeepsie  v.  King,  38  App.  Div.  610.  An 
ordinance  may  prescribe  a  penalty  for  an  act  already  penal  by  the  laws  of  the 
State.  City  of  Brooklyn  v.  Toyabee,  31  Barb.  282.  Ordinance  imposing  penalty  ifl 
•trictly  construed.  People  ex  fel.  Kane  v.  Sloane,  98  App.  Div.  450. 


576  CODE   OF  ORDINANCES  OF  THE  CITY   OF  NEW   YORK 

Burden  of  Proof. — An  ordinance  is  presumed  to  be  reasonable.  City  of  N.  Y. 
y.  Hewitt,  91  App.  Div.  445;  City  of  N.  Y.  Interurban  Ry.  Co.,  43  Misc.  29.  But  it 
is  always  competent  to  show  that  it  is  unreasonable.  Mayor  v.  Dry  Dock  Ry.  Co,, 
133  N.  Y.  104;  Fire  Dept.  v.  Gilmour,  149  N.  Y.  453;  Health  Dept.  v.  Rector 
Trinity  Church,  145  N.  Y.  32;  Brooklyn  Crosstown  R.  R.  Co.  v.  City  of  Brooklyn, 
37  Hun,  413;  Yonkers  v.  Yonkers  R.  Co.,  51  App.  Div.  271;  Buffalo  v.  Collins  Bak. 
Co.,  39  App.  Div.  432;  Dunham  v.  Rochester,  5  Cow.  462. 

Must  be  Reasonable. — One  test  of  the  validity  of  an  ordinance  is  whether  it  ia 
reasonable.  City  of  Buffalo  v.  Hill,  79  App.  Div.  402;  People  ex  rel.  Lieberman  v. 
Vandicarr,  81  App.  Div.  128,  aff'd,  175  N.  Y.  440. 

Motive. — The  motive  is  not  material,  Kittinger  v.  Buffalo  Tr.  Co.,  160  N.  Y.  377; 
even  in  allegations  of  fraud  and  corruption.  Borhite  v.  Home  Tel.  Co.,  50  App.  Div. 

Invalid  in  Part. — Ordinances,  like  statutes,  may  be  valid  in  part  and  invalid  in 
others.  Duryee  v.  Mayor,  96  N.  Y.  477;  Rogers  v.  Jones,  1  Wend.  237. 

Retroactive. — In  certain  cases  an  ordinance  may  be  retroactive  as  in  requiring 
safeguards  in  buildings  previously  erected.  N.  Y.  Fire  Dept.  v.  Wendell,  13  Daly, 
427. 

Construction. — While  ordinances  providing  penalties  are  to  be  strictly  con- 
strued, Village  v.  Fisher,  140  N.  Y.  187,  still  they  must  be  reasonably  construed 
so  as  to  give  effect  to  the  intent  of  the  legislature.  O'Keefe  v.  Adams,  46  St. 
Rep.  557;  People  ex  rel.  Cumiskey  v.  Wurster,  14  App.  Div.  556;  Mayor,  etc., 
v.  Third  Ave.  R.  R.  Co.,  16  St.  Rep.  122,  app.  117  N.  Y.  404;  Duryee  v.  Mayor, 
96  N.  Y.  477.  See  McQuillin,  Municipal  Ordinances. 

Defenses. — The  fact  that  other  persons  are  violating  an  ordinance  and  are  not 
prosecuted  is  no  defense.  City  of  Buffalo  v.  N.  Y.,  Lake  Erie  &  W.  R.  R.,  152 
N.  Y.  276. 

City's  Liability. — In  some  cases  city  is  not  liable  for  failure  to  enforce  ordinances. 
Levy  v.  Mayor,  3  Super.  Ct.  465;  Stillwell  v.  Mayor,  49  Super.  Ct.  360;  Studeor  v. 
Village  of  Gouverneur,  15  App.  Div.  229. 

Non-Residents. — Ordinances  apply  to  non-residents  as  well  as  to  residents  within 
limits  of  municipality.  Jones  v.  Firemen's  Fund  Co.,  2  Daly,  307,  aff'd,  51  N.  Y. 
318;  Buffalo  v.  Webster,  10  Wend.  99. 

Police  Power. — An  ordinance  to  be  valid  under  the  police  power  must  be  a  rea- 
sonable exercise  of  that  power.  City  of  N.  Y.  v.  Wineburgh  Adv.  Co.,  122  App. 
Div.  748. 

Injunctions. — Threatened  enforcement  of  ordinances  is  no  ground  for  injunction. 
Fifth  Ave.  Coach  Co.  v.  City  of  N.  Y.,  126  App.  Div.  657;  Eden  Musee  Amuse- 
ment Co.  v.  Bingham,  125  App.  Div.  780. 

Negligence  and  Nuisance. — The  suits  brought  to  recover  damages  suffered  by 
reason  of  the  violation  of  ordinances  are  very  numerous.  See  Thomas  on  Neg- 
ligence and  Wood  on  Nuisances.  For  ready  reference  the  following  leading  casea 
are  given: 

Vaults  and  Cellars. — Babbage  v.  Powers,  130  N.  Y.  281;  Jorgensen  v.  Squires, 
144  N.  Y.  281;  Jennings  v.  Van  Schaick,  108  N.  Y.  530. 

Landlord. — Trustees  Canandaigua  v.  Foster,  156  N.  Y.  354;  Swords  v.  Edgar, 
59  N.  Y.  28;  Ahern  v.  Steele,  115  N.  Y.  203. 

Complying  with  Conditions  of  License. — Wolf  v.  Kirkpatrick,  101  N.  Y.  146; 
Devine  v.  Nat.  Wall  Paper  Co.,  95  App.  Div.  194. 

Coal  hole.— Clifford  v.  Dam,  81  N.  Y.  52. 

Presumption. — The  presumption  is  in  favor  of  the  ordinance.  Fifth  Ave.  Coach 
Co.  v.  City  of  New  York,  194  N.  Y.  19. 


CROSS-REFERENCES  577 


CROSS-REFERENCES  TO  ANNOTATIONS 

NOTES 

PAGE 

Building  code,  authorized 48 

Code  ordinances,  adoption 

former  repealed 575 

Encroachments  and  obstructions  in  streets: 

areas 526 

awnings 500 

bay-windows • 526 

general 513 

ornamental  projections 527 

removal 521 

show-cases 517 

stands  within  stoop  line 520-521 

vaults 537,  538 

Evidence,  ordinances  must  be  pleaded 575 

Explosives  regulations,  authorized 263 

Injunctions,  see  separate  heads  and 513 

Mandamus,  see  separate  heads  and 513 

Ordinances,  construction 576 

validity 575 

Park  regulations,  authorized 386 

Police  power.    (See  separate  heads.) 

general  cases 576 

Sanitary  Code ' 405,  485 

signs 532 

Sanitary  Code,  authorized 485 

penalties 405 

Traffic  regulations,  authorized \ 542 


578  CODE  OF  ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


LAWS  NOT  INCLUDED 

This  volume  contains  only  the  Code  of  Ordinances  relating  to  the 
City  of  New  York.    For  the  following  matters: 

Auctioneer,  forfeiture  license,  see Penal  Law,  §  943 

Auctioneer,  general  provisions,  see N.  Y.  City  Charter,  §  34 

Bakeries  and  confectioneries,  see Labor  Law,   Art.   8 

Blind  adults  may  sell  newsp.,  use  mus.  inst.,  see.  Gen.  City  Law,  §  10 

Dancing  Academies, 'see N.  Y.  City  Ch.,  arn.  L.  1910,  ch.  547 

Departmental  Rules,  see Individual  departments 

Dogs,  see ...  .^ Country  Law,  Art.  7 

Employment  Agencies,  see Gen.  Business  Law,  §§   170-180 

Employment  women  merchant,  act,  see Labor  Law,  Art.  11 

Employment  children  street  trades,  see Labor  Law,  Art.  15 

Factories,  see Labor  Law,   Art.  6 

Farm  produce,  peddling  in  cities,  see Gen.  Municipal  Law,  §  81 

Fire-arms,  carrying  of,  see. .  .  .  L.  1914,  ch.  460;  Penal  Law,  §  1897 

Fire-Prevention,  see N.  Y.  City  Charter,  am.  L.  1911,  ch.  899;  L. 

1912,  ch.  458;  L.  1913,  ch.  695;  L.  1914,  ch.  459,  495 

Junk  dealers,  see .  .  .  . Gen.  Business  Law,  §§  60-64 

Marriage  licenses,  see Domestic  Relation  Law,  §§  13-25 

Motion-picture  operator's  license,  see. ...  §  529a  Charter  as  am.  by 

L.  1910,  ch.  654 

New  York  City  Charter L.  1897,  ch.  378,  Rev.  L.  1901,  ch. 

466,  as  amend. 

Pawnbrokers,  see Gen.  Bus.  Law,  §§  40-52;  Penal  Law,  §  1590 

Peddlers,  see Gen.  Business  Law,   §§  30-36 

Private  Detectives,  see Gen.  Business  Law,  §§  70-75 

Tenement  House  Law,  see.  ...  ch.  61,  Consolidated  Laws  as  amend. 

Tenement  made  articles,  see Labor  Law,  Art.  7 

Weights  and  Measures  (State  Law),  see  Gen.  Business  Law,  §{j  2-17 


ADDENDA 

CHAPTER  6.— Building  Code 

SECTION  90.    SUBDIVISION  4,  add. 

e.  Beginning  at  a  point  on  the  easterly  side  of  Greenpoint  avenue 
200  feet  north  of  the  northerly  side  of  Queens  Boulevard,  in  the  first 
ward,  borough  of  Queens,  thence  running  easterly  and  southerly 
200  feet  north  and  east  and  parallel  to  the  northerly  and  easterly 
sides  of  Queens  Boulevard  to  a  point  100  feet  north  of  and  parallel 
to  Jamaica  avenue,  in  the  fourth  ward;  thence  running  westerly  across 
the  Queens  Boulevard  to  a  point  200  feet  west  of  the  westerly  side 
of  Queens  Boulevard;  thence  running  northerly  and  westerly  200 
feet  westerly  and  southerly  of  and  parallel  to  the  Queens  Boulevard 
to  a  point  on  the  easterly  side  of  Greenpoint  avenue  200  feet  south 
of  Queens  Boulevard,  in  the  first  ward,  provided,  however,  that  where 
any  street  parallels  the  Queens  Boulevard  at  a  point  not  less  than 
150  feet  from  the  Boulevaid,  the  side  nearest  the  Boulevard  only 
shall  be  included  in  the  fire  limits. 

Adopted  Dec.  20,  1921.    Approved  Dec.  31,  1921. 

CHAPTER  14.— Licenses 

ARTICLE  18 
SOLICITING  CONTRIBUTIONS  IN  PUBLIC. 

Section  196.  General  provisions. 

197.  Granting  of  permission. 

198.  Duties  of  the  Commissioner. 

199.  Duties  of  licensees. 

200.  Violations. 

§  196.  General  provisions. — No  person,  organization,  society, 
Association  or  corporation  shall  solicit  money,  donations,  or  financial 
assistance  of  any  kind,  upon  the  streets  or  in  public  places  in  the  City 
of  New  York,  except  upon  a  license  issued  by  the  Commissioner  of 
Public  Welfaie  and  under  such  regulations  as  hereinafter  provided. 

§  197.  Permission;  how  granted. — Application  to  solicit  funds 
publicly  for  any  cause  whatever  shall  be  addressed  to  the  Commis- 
sioner of  Public  Welfare  and  such  applications  shall  contain  the 
following  information: 

a.  Name  and  purpose  of  the  cause  for  which  permission  is  sought. 

b.  Names  and  addresses  of  the  officers  and  directors  of  the  organ- 
ization. 

579 


580  CODE  OF  ORDINANCES  OP  THE  CITY  OF  NEW  YORK 

c.  Time  for  which  permission  is  sought  and  localities  and  places 
of  solicitation. 

d.  Whether  or  not  any  commissions,  fees,  wages  or  emoluments  are 
to  be  expended  in  connection  with  such  solicitation. 

e.  Such  other  information  as  the  Commissioner  of  Public  Welfare 
shall  require. 

§  198.  Duties  of  the  Commissioner. — It  shall  be  the  duty  of  the 
Commissioner  of  Public  Welfare  before  granting  any  permission  to 
solicit  in  public,  to  compel  the  applicant  to  file  with  him  a  sworn 
statement  of  all  monies  collected  in  the  calendar  year  or  the  fiscal 
year  of  such  organization,  society,  association  or  corporation  pre- 
vious to  the  application,  the  expenditures  connected  therewith, 
together  with  the  names  and  addresses  of  all  persons  receiving  wages, 
commissions  or  emoluments  and  the  amounts  so  expended. 

The  Commissioner  may  establish  such  further  regulations  as  he 
may  deem  necessary  in  carrying  out  the  purposes  and  objects  of  this 
article. 

§  199.  Duties  of  licensees. — Licensees  operating  under  this  ar- 
ticle of  the  Code  shall  be  compelled  to  label  all  collection  boxes 
or  containers  used  in  the  public  solicitation  of  funds  either  by  appeal 
in  person  or  the  placing  of  receptacles  for  the  receipt  of  such  public 
contibutions  in  stores,  factories,  shops,  offices,  theatres,  hotels, 
restaurants,  railway  stations,  ferry  houses,  or  other  public  places, 
with  the  name  of  the  organization  for  which  the  permit  is  issued, 
and  in  such  conspicuous  manner  as  the  Commissioner  of  Public 
Welfare  may  direct. 

§  200.  Violations. — Any  person  or  persons  who  shall  violate, 
neglect  or  refuse  to  comply  with  any  of  the  provisions  of  this  article 
shall,  upon  conviction  thereof,  be  punished  by  a  fine  of  not  more  than 
$500  or  by  imprisonment  not  exceeding  90  days  or  by  both  such  fine 
and  imprisonment. 

Adopted  November  29,  1921.    Approved  December  8,  1921. 


BUILDING  ZONE  LAW. 

Not*.     While  this  law  is  not  an  ordinance  proper,  it  is  included  in  this  book  for 
the  convenience  of  the  public. 

CITY  OF  NEW  YORK. 
BOARD  OF  ESTIMATE  AND  APPORTIONMENT. 


BUILDING  ZONE  RESOLUTION. 

(Adopted  July  25,  1916.) 

A  Resolution  regulating  and  limiting  the  height  and  bulk  of  buildings 
hereafter  erected  and  regulating  and  determining  the  area  of 
yards,  courts  and  other  open  spaces,  and  regulating  and  restricting 
the  location  of  trades  and  industries  and  the  location  of  buildings 
designed  for  specified  uses  and  establishing  the  boundaries  of  dis- 
tricts for  the  said  purposes. 

Be  it  resolved  by  the  Board  of  Estimate  and  Apportionment  of  the 
City  of  New  York: 

ARTICLE  I. — DEFINITIONS. 

§  1.  Definitions. — Certain  words  in  this  resolution  are  defined  for 
the  purposes  thereof  as  follows: 

(a)  Words  used  in  the  present  tense  include  the  future;  the  singu- 
lar number  includes  the  plural  and  the  plural  the  singular;  the  word 
"lot"  includes  the  word  "plot";  the  word  "building"  includes  the 
word  "structure." 

(b)  The  "street  line"  is  the  dividing  line  between  the  street  and 
the  lot. 

(c)  The  "width  of  the  street"  is  the  mean  of  the  distances  between 
the  sides  thereof  within  a  block.    Where  a  street  borders  a  public 
place,  public  park  or  navigable  body  of  water  the  width  of  the  street 
is  the  mean  width  of  such  street  plus  the  width,  measured  at  right 
angles  to  the  street  line,  of  such  public  place,  public  park  or  body  of 
water. 

(d)  The  "curb  level."  for  the  purpose  of  measuring  the  height 
of  any  portion  of  a  building,  is  the  mean  level  of  the  curb  in  front 
of  such  portion  of  the  building.    But  where  a  building  is  on  a  corner 
lot  the  curb  level  is  the  mean  level  of  the  curb  on  the  street  of  great- 
est width.    If  such  greatest  width  occurs  on  more  than  one  street 
the  curb  level  is  the  mean  level  of  the  curb  on  that  street  of  greatest 
width  which  has  the  highest  curb  elevation.     The  "curb  level" 
for  the  purpose  of  regulating  and  determining  the  area  of  yards, 

581 


582  CODE    OF   ORDINANCES    OF   THE   CITY    OF    NEW   YORK 

courts  and  open  spaces  is  the  mean  level  of  the  curb  at  that  front 
of  the  building  where  there  is  the  highest  curb  elevation.  Where 
no  curb  elevation  has  been  established  or  the  building  does  not 
adjoin  the  street  the  average  ground  level  of  the  lot  shall  be  con- 
sidered the  curb  level. 

(e)  A  "street  wall"  of  a  building,  at  any  level,  is  the  wall  or  part 
of  the  building  nearest  to  the  street  line. 

(f)  The  "height  of  a  building"  is  the  vertical  distance  measured 
in  the  case  of  flat  roofs  from  the  curb  level  to  the  level  of  the  highest 
point  of  the  roof  beams  adjacent  to  the  street  wall,  and  in  the  case 
of  pitched  roofs  from  the  curb  level  to  the  mean  height  level  of  the 
gable.     Where  no  roof  beams  exist  or  there  are  structures  wholly 
or  partly  above  the  roof  the  height  shall  be  measured  from  the  curb 
level  to  the  level  of  the  highest  point  of  the  building.    Where  a  build- 
ing is  a  tenement  house  as  denned  in  the  Tenement  House  Law  the 
height  of  the  building  on  the  street  line  shall  be  measured  as  pre- 
scribed in  said  law  for  the  measurement  of  the  height  of  a  tenement 
house  and  such  measurement  shall  be  from  the  curb  level  as  that 
term  is  used  in  said  law. 

(g)  The  "depth  of  a  lot"  is  the  mean  distance  from  the  street 
line  of  the  lot  to  its  rear  line  measured  in  the  general  direction  of  the 
side  lines  of  the  lot. 

(h)  A  "rear  yard"  is  an  open  unoccupied  space  on  the  same  lot 
with  a  building  between  the  rear  line  of  the  building  and  the  rear 
line  of  the  lot. 

(i)  The  depth  "of  a  rear  yard"  is  the  mean  distance  between  the 
rear  line  of  the  building  and  the  rear  line  of  the  lot. 

(j)  Lots  or  portions  of  lots  shall  be  deemed  "back  to  back"  when 
they  are  on  opposite  sides  of  the  same  part  of  a  rear  line  common 
to  both  and  the  opposite  street  lines  on  which  the  lots  front  are 
parallel  with  each  other  or  make  an  angle  with  each  other  of  not 
over  45  degrees. 

(k)  A  "court"  is  an  open  unoccupied  space,  other  than  a  rear 
yard,  on  the  same  lot  with  a  building.  A  court  not  extending  to  the 
street  or  to  a  rear  yard  is  an  "  inner  court."  A  court  extending  to  the 
street  or  a  rear  yard  is  an  "outer  court."  A  court  on  the  lot  line 
extending  through  from  the  street  to  a  rear  yard  or  another  street 
is  a  "side  yard." 

(1)  The  "height  of  a  yard  or  a  court"  at  any  given  level  shall  be 
measured  from  the  lowest  level  of  such  yard  or  court  as  actually 
constructed  or  from  the  cur.b  level,  if  higher,  to  such  level.  The 
highest  level  of  any  given  wall  bounding  a  court  or  yard  shall  be 
deemed  to  be  the  mean  height  of  such  wall.  Where  a  building  is  a 
tenement  house,  as  denned  in  the  Tenement  House  Law,  the  height 
of  a  yard  or  a  court  shall  be  measured  as  prescribed  in  such  law. 

(m)  The  "least  dimension"  of  a  yard  or  court  at  any  level  is  the 
least  of  the  horizontal  dimensions  of  such  yard  or  court  at  such  level. 
If  two  opposite  sides  of  a  yard  or  court  are  not  parallel  the  horizontal 
dimension  between  them  shall  be  deemed  to  be  the  mean  distance 
between  them. 

(n)  The  "length  of  an  outer  court"  at  any  given  point  shall  be 
measured  in  the  general  direction  of  the  side  lines  of  such  court  from 


fetJtLDING   fcONE    LAW  583 

the  end  opposite  the  end  opening  on  a  street,  or  a  rear  yard,  to  such 
point. 

ARTICLE  II. — USE  DISTRICTS. 

§  2.  Use  districts. — For  the  purpose  of  regulating  and  restricting 
the  location  of  trades  and  industries  and  the  location  of  buildings 
designed  for  specified  uses,  the  City  of  New  York  is  hereby  divided 
into  three  classes  of  districts:  (1)  residence  districts,  (2)  business 
districts,  and  (3)  unrestricted  districts;  as  shown  on  the  use  district 
map  which  accompanies  this  resolution  and  is  hereby  declared  to  be 
par  thereof.  The  use  districts  designated  on  said  map  are  hereby 
established.  The  use  district  map  designations  and  map  designa- 
tion rules  which  accompany  said  use  district  map  are  hereby  de- 
clared to  be  part  thereof.  No  building  or  premises  shall  be  erected 
or  used  for  any  purpose  other  than  a  purpose  permitted  in  the  use 
district  in  which  such  building  or  premises  is  located. 

§  3.  Residence  districts. — In  a  residence  district  no  building  shall 
be  erected  other  than  a  building,  with  its  usual  accessories,  arranged, 
intended  or  designed  exclusively  for  one  or  more  of  the  following 
specified  uses: 

(1)  Dwellings,  which  shall  include  dwellings  for  one  or  more 
families  and  boarding  houses  and  also  hotels  which  have  thirty  or 
more  sleeping  rooms. 

(2)  Clubs,  excepting  clubs  the  chief  activity  of  which  is  a  service 
customarily  carried  on  as  a  business. 

(3)  Churches. 

(4)  Schools,  libraries  or  public  museums. 

(5)  Philanthropic  or  eleemosynary  uses  or  institutions,  other  than 
correctional  institutions. 

(6)  Hospitals  and  sanitariums. 

(7)  Railroad  passenger  stations. 

(8)  Farming,  truck  gardening,  nurseries  or  green  houses. 

In  a  residence  district  no  building  or  premises  shall  be  used  for 
any  use  other  than  a  use  above  specified  for  which  buildings  may  be 
erected  and  for  the  accessory  uses  customarily  incident  thereto. 
The  term  accessory  use  shall  not  include  a  business  nor  shall  it  in- 
clude any  building  or  use  not  located  on  the  same  lot  with  the  build- 
ing or  use  to  which  it  is  accessory.  A  private  garage  for  more  than 
five  motor  vehicles  shall  not  be  deemed  an  accessory  use. 

§  4.  Business  districts,  (a)  In  a  business  district  no  building  or 
premises  shall  be  used,  and  no  building  shall  be  erected  which  is 
arranged,  intended  or  designed  to  be  used,  for  any  of  the  following 
specified  trades,  industries  or  uses: 

(1)  Ammonia,  chlorine  or  bleaching  powder  manufacture. 

(2)  Asphalt  manufacture  or  refining. 

(3)  Assaying  (other  than  gold  or  silver). 

(4)  Blacksmithing  or  horseshoeing. 

(5)  Boiler  making. 

(6)  Brewing  or  distilling  of  liquors. 

(7)  Carpet  cleaning. 

(8)  Celluloid  manufacture. 


584  CODE   OF   ORDINANCES   OF  THE  CITY   OF   NEW   YORK 

9)  Crematory. 

10)  Distillation  of  coal,  wood  or  bones. 

11)  Dyeing  or  dry  cleaning. 

(12)  Electric  central  station  power  plant. 

(13)  Fat  rendering. 

(14)  Fertilizer  manufacture. 

(15)  Garage  for  more  than. five  motor  vehicles,  not  including  a 
warehouse  where  motor  vehicles  are  received  for  dead  storage  only, 
and  not  including  a  salesroom  where  motor  vehicles  are  kept  for  sale 
or  for  demonstration  purposes  only. 

(16)  Gas  (illuminating  or  heating)  manufacture  or  storage. 

(17)  Glue,  size  and  gelatine  manufacture. 

(18)  Incineration  or  reduction  of  garbage,  offal,  dead  animals  or 
refuse. 

(19)  Iron,  steel,  brass  or  copper  works. 

(20)  Junk,  scrap  paper  or  rag  storage  or  baling. 

(21)  Lamp  black  manufacture. 

(22)  Lime,  cement  or  plaster  of  paris  manufacture. 

(23)  Milk  bottling  and  distributing  station. 

(24)  Oil  cloth  or  linoleum  manufacture. 

(25)  Taint,  oil,  varnish  or  turpentine  manufacture. 

(26)  Petroleum  refining  or  storage. 

(27)  Printing  ink  manufacture. 

(28)  Raw  hides  or  skins — storage,  curing  or  tanning. 

(29)  Repair  shop  for  motor  vehicles. 

(30)  Rubber  manufacture  from  the  crude  material. 

(31)  Saw  or  planing  mill. 

(32)  Shoddy  manufacture  or  wool  scouring. 

(33)  Slaughtering  of  animals. 

(34)  Smelting. 

(35)  Soap  manufacture. 

(36)  Stable  for  more  than  five  horses. 

(37)  Starch,  glucose  or  dextrine  manufacture. 

(38)  Stock  yards. 

(39)  Stone  or  monumental  works. 

(40)  Sugar  refining. 

(41)  Sulphurous,   sulphuric,   nitric  or  hydrochloric  acid  manu- 
facture. 

(42)  Tallow,  grease  or  lard  manufacturing  or  refining. 

(43)  Tar  distillation  or  manufacture. 

(44)  Tar  roofing  or  tar  waterproofing  manufacture. 
(As  amended  December  21,  1917). 

(b)  In  a  business  district  no  building  or  premises  shall  be  used,  and 
no  building  shall  be  erected,  which  is  arranged,  intended  or  designed 
to  be  used  for  any  trade,  industry  or  use  that  is  noxious  or  offensive 
by  reason  of  the  emission  of  odor,  dust,  smoke,  gas  or  noise;  but  car 
barns  or  places  of  amusement  shall  not  be  excluded. 

(c)  In  a  business  district  no  building  or  premises  shall  be  used, 
and  no  building  shall  be  erected,  which  is  arranged,  intended  or 
designed  to  be  used,  for  any  kind  of  manufacturing,  except  that  any 
kind  of  manufacturing  not  included  within  the  prohibitions  of  para- 
graphs a  and  b  of  this  section  may  be  carried  on  provided  not  more 


BUILDING   ZONE  LAW  585 

than  25  per  cent,  of  the  total  floor  space  of  the  building  is  so  used, 
but  space  equal  to  the  area  of  the  lot  may  be  so  used  in  any  case, 
although  in  excess  of  said  25  per  cent.  The  printing  of  a  newspaper 
shall  not  be  deemed  manufacturing.  No  use  permitted  in  a  residence 
district  by  section  3  shall  be  excluded  from  a  business  district. 

§5.  Unrestricted  districts. — The  term  "unrestricted  district" 
is  used  to  designate  the  districts  for  which  no  regulations  or  restric- 
tions are  provided  by  this  article. 

§  6.  Existing  buildings  and  premises. — (a)  Any  use  existing  in 
any  building  or  premises  at  the  time  of  the  passage  of  this  resolution 
and  not  conforming  to  the  regulations  of  the  use  district  in  which  it 
is  maintained,  may  be  continued  therein.  No  existing  building 
designed,  arranged,  intended  or  devoted  to  a  use  not  permitted  by 
this  article  in  the  district  in  which  such  use  is  located  shall  be  en- 
larged, extended,  reconstructed  or  structurally  altered  unless  such 
use  is  changed  to  a  use  permitted  in  the  district  in  which  such  build- 
ing is  located.  Such  building  may,  however,  be  reconstructed  or 
structurally  altered  to  an  extent  not  greater  than  50  per  cent,  of  the 
value  of  the  building,  exclusive  of  foundations,  provided  that  no 
use  in  such  building  is  changed  or  extended,  except  as  authorized 
in  paragraph  b  of  this  section,  and  provideu,  further,  that  no  use 
included  in  any  one  of  the  enumerated  subdivisions  of  paragraph 
a  of  section  4  is  changed  into  a  use  included  in  any  other  enumerated 
subdivision  of  paragraph  a  of  section  4  or  into  a  use  prohibited  by 
paragraph  b  of  section  4,  and  also  provided  that  no  use  prohibited 
by  paragraph  b  of  section  4  is  changed  into  another  use  prohibited 
py  paragraph  b  of  section  4  or  into  a  use  included  in  an  enumerated 
subdivision  of  paragraph  a  of  section  4. 

(b)  Any  use  existing  in  any  building  or  premises  at  the  time  of  the 
passage  of  this  resolution  and  not  conforming  to  the  regulations  of  the 
use  district  in  which  it  is  maintained  may  be  changed,  and  such  use 
may  be  extended  throughout  the  building,  provided  that  in  either 
case: 

(1)  No  structural  alterations  shall  be  made  in  the  building,  ex- 
cept as  authorized  by  paragraph  a  of  this  section,  and 

(2)  In  a  residence  district  no  portion  of  a  building  devoted  to  a 
use  included  in  subdivision  1  of  section  3  shall  be  changed  to  any 
use  prohibited  in  a  residence  district,  and 

(3)  In  a  residence  district  no  building  or  premises,  unless  devoted 
to  one  of  the  uses  that  is  by  section  4  prohibited  in  a  business  dis- 
trict, shall  be  changed  to  any  of  such  uses,  and 

(4)  In  a  residence  or  business  district  no  building  or  part  thereof 
and  no  premises  unless  devoted  to  one  of  the  uses  that  is  by  para- 
graph a  or  b  of  section  4  prohibited  in  a  business  district,  shall  be 
changed  to  any  of  such  uses. 

If  a  use  is  changed  us  authorized  in  this  section,  the  new  use  may 
thereafter  be  changed,  subject  to  the  limitations  imposed  by  sub- 
divisions 1,  2,  3  and  4  of  this  paragraph.* 

§  7.  Use  district  exceptions. — The  Board  of  Appeals,  created  by 
chapter  503  of  the  laws  of  1016,  may,  in  appropriate  cases,  after 
public  notice  and  hearing,  and  subject  to  appropriate  conditions 
*  Section  6,  amended  as  above  December  21,  1917. 


586  CODE   OF   ORDINANCES   OP  THE  CITY   OF   NEW  YORK 

and  safeguards,  determine  and  vary  the  application  of  the  use  dis- 
trict regulations  herein  established  in  harmony  with  their  general 
purpose  and  intent  as  follows: 

(a)  Permit  the  extension  of  an  existing  building  and  the  existing 
use  thereof  upon  the  lot  occupied  by  such  building  at  the  time  of  the 
passage  of  this  resolution  or  permit  the  erection  of  an  additional  build- 
ing upon  a  lot  occupied  at  the  time  of  the  passage  of  this  resolution 
by  a  commercial  or  industrial  establishment  and  which  additional 
building  is  a  part  of  such  establishment; 

(b)  Where  a  use  district  boundary  line  divides  a  lot  in  a  single 
ownership  at  the  time  of  the  passage  of  this  resolution,  permit  a 
use  authorized  on  either  portion  of  such  lot  to  extend  to  the  entire 
lot,  but  not  more  than  25  feet  beyond  the  boundary  line  of  the  dis- 
trict in  which  such  use  is  authorized ; 

(c)  Permit  the  extension  of  an  existing  or  proposed  building  into  a 
more  restricted  district  under  such  conditions  as  will  safeguard  the 
character  of  the  more  restricted  district;* 

(d)  Permit  in  a  residence  district  a  central  telephone  exchange  or 
any  building  or  use  in  keeping  with  the  uses  expressly  enumerated 
in  section  3  as  the  purposes  for  which  buildings  or  premises  may  be 
erected  or  used  in  a  residence  district; 

(e)  Permit  in  a  business  district  the  erection  or  extension  of  a  gar- 
age or  stable  in  any  portion  of  a  street  between  two  intersecting 
streets  in  which  portion  there  exists  a  garage  for  more  than  five 
motor  vehicles  or  a  stable  for  more  than  five  horses  at  the  time  of  the 
passage  of  this  resolution;  f 

(f )  Grant  in  undeveloped  sections  of  the  city  temporary  and  con-, 
ditional  permits  for  not  more  than  two  years  for  structures  and  uses 
in  contravention  of  the  requirements  of  this  article. 

(g)  Permit  in  a  business  or  residence  district  the  erection  of  a  garage 
provided  the  petitioner  files  the  consents  duly  acknowledged  of  the 
owners  of  80  per  cent,  of  the  frontage  deemed  by  the  Board  to  be 
immediately  affected  by  the  proposed  garage.     Such  permit  shall 
specify  the  maximum  size  or  capacity  of  the  garage  and  shall  impose 
appropriate  conditions  and  safeguards  upon  the  construction  and 
use  of  the  garage.  J 

ARTICLE  III. — HEIGHT  DISTRICTS. 

§  8.  Height  districts. — For  the  purpose  of  regulating  and  limiting 
the  height  and  bulk  of  buildings  hereafter  erected,  the  City  of  New 
York  is  hereby  divided  into  five  classes  of  districts:  (a)  one  times 
districts,  (b)  one  and  one-quarter  times  districts,  (c)  one  and  one- 
half  times  districts,  (d)  two  times  districts,  (e)  two  and  one-half 
times  districts;  as  'shown  on  the  height  district  map  which  accom- 
panies this  resolution  and  is  hereby  declared  to  be  part  hereof.  The 
height  districts  designated  on  said  map  are  hereby  established.  The 
height  district  map  designations  and  map  designation  rules  which 
accompany  said  height  district  map  are  hereby  declared  to  be  part 

*  Paragraph  c  of  section  7,  amended  as  above  March  23,  1917. 

t  Paragraph  e  of  section  7,  amended  as  above,  December  21,  1917. 

J  Paragraph  g  of  section  7,  amended  as  above,  September  21,  1917. 


BUILDING    ZONE    LAW  587 

thereof.  No  building  or  part  of  a  building  shall  be  erected  except 
in  conformity  with  the  regulations  herein  prescribed  for  the  height 
district  in  which  such  building  is  located. 

(a)  In  a  one  times  district  no  building  shall  be  erected  to  a  height 
in  excess  of  the  width  of  the  street,  but  for  each  one  foot  that  the 
building  or  a  portion  of  it  sets  back  from  the  street  line  two  feet 
shall  be  added  to  the  height  limit  of  such  building  or  such  portion 
thereof. 

(b)  In  a  one  and  one-quarter  times  district  no  building  shall  be 
erected  to  a  height  in  excess  of  one  and  one-quarter  times  the  width 
of  the  street,  but  for  each  one  foot  that  the  building  or  a  portion  of 
it  sets  back  from  the  street  line  two  and  one-half  feet  shall  be  added 
to  the  height  limit  of  such  building  or  such  portion  thereof. 

(c)  In  a  one  and  one-half  tunes  district  no  building  shall  be  erected 
to  a  height  in  excess  of  one  and  one-half  times  the  width  of  the  street, 
but  for  each  one  foot  that  the  building  or  a  portion  of  it  sets  back 
from  the  street  line  three  feet  shall  be  added  to  the  height  limit  of 
such  building  or  such  portion  thereof. 

(d)  In  a  two  times  district  no  building  shall  be  erected  to  a  height 
in  excess  of  twice  the  width  of  the  street,  but  for  each  one  foot  that 
the  building  or  a  portion  of  it  sets  back  from  the  street  line  four  feet 
shall  be  added  to  the  height  limit  of  such  building  or  such  portion 
thereof. 

(e)  In  a  two  and  one-half  times  district  no  building  shall  be  erected 
to  a  height  in  excess  of  two  and  one-half  times  the  width  of  the  street, 
but  for  each  one  foot  that  the  building  or  a  portion  of  it  sets  back 
from  the  street  line  five  feet  shall  be  added  to  the  height  limit  of 
such  building  or  such  portion  thereof. 

§  9.  Height  district  exceptions,  (a)  On  streets  less  than  50  feet 
in  width  the  same  height  regulations  shall  be  applied  as  on  streets 
50  feet  in  width  and,  except  for  the  purposes  of  paragraph  d  of  this 
section,  on  streets  more  than  100  feet  in  width  the  same  height  regu- 
lations shall  be  applied  as  on  streets  100  feet  in  width. 

(b)  Along  a  narrower  street  near  its  intersection  with  a  wider 
street,  any  building  or  any  part  of  any  building  fronting  on  the 
narrower  street  within  100  feet,  measured  at  right  angles  to  the  side 
of  the  wider  street,  shall  be  governed  by  the  height  regulations  pro- 
vided for  the  wider  street.    A  corner  building  on  such  intersecting 
streets  shall  be  governed  by  the  height  regulations  provided  for  the 
wider  street  for  150  feet  from  the  side  of  such  wider  street,  measured 
along  such  narrower  street. 

(c)  Above  the  height  limit  at  any  level  for  any  part  of  a  building 
a  dormer,  elevator  bulkhead  or  other  structure  may  be  erected  pro- 
vided its  frontage  length  on  any  given  street  be  not  greater  than  60 
per  cent,  of  the  length  of  such  street  frontage  of  such  part  of  the 
building.    Such  frontage  length  of  such  structure  at  any  given  level 
shall  be  decreased  by  an  amount  equal  to  one  per  cent,  of  such  street 
frontage  of  such  part  of  the  building  for  every  foot  such  level  is  above 
such  height  limit.    If  there  are  more  than  one  such  structures,  their 
aggregate  frontage  shall  not  exceed  the  frontage  length  above  per- 
mitted at  any  given  level. 

(d)  If  the  area  of  the  building  is  reduced  so  that  above  a  given 


588  CODE    OF    ORDINANCES    OP   THE   CITY    OF   NEW   YORK 

level  it  covers  in  the  aggregate  not  more  than  25  per  cent,  of  the  area 
of  the  lot,  the  building  above  such  level  shall  be  excepted  from  the 
foregoing  provisions  of  this  article.  Such  portion  of  the  building 
may  be  erected  to  any  height,  provided  that  the  distance  which  it 
sets  back  from  the  street  line  on  each  street  on  which  it  faces,  plus 
half  of  the  width  of  the  street,  equals  at  least  75  feet.  But  for  each 
one  per  cent,  of  the  width  of  the  lot  on  the  street  line  that  such  street 
wall  is  less  in  length  than  such  width  of  the  lot,  such  wall  may  be 
erected  four  inches  nearer  to  the  street  line. 

(e)  When  at  the  time  plans  are  filed  for  the  erection  of  a  building 
there  are  buildings  in  excess  of  the  height  limits  herein  provided 
within  50  feet  of  either  end  of  the  street  frontage  of  the  proposed 
building  or  directly  opposite  such  building  across  the  street,  the 
height  to  which  the  street  wall  of  the  proposed  building  may  rise 
shall  be  increased  by  an  amount  not  greater  than  the  average  excess 
height  of  the  walls  on  the  street  line  within  50  feet  of  either  end  of  the 
street  frontage  of  the  proposed  building  and  at  right  angles  to  the 
street  frontage  of  the  proposed  building  on  the  opposite  side  of  the 
street.    The  average  amount  of  such  excess  height  shall  be  computed 
by  adding  together  the  excess  heights  above  the  prescribed  height 
limit  for  the  street  frontage  in  question  of  all  of  the  walls  on  the  street 
line  of  the  buildings  and  parts  of  buildings  within  the  above  defined 
frontage  and  dividing  the  sum  by  the  total  number  of  buildings  and 
vacant  plots  within  such  frontage. 

(f)  Nothing  in  this  article  shall  prevent  the  projection  of  a  cornice 
beyond  the  street  wall  to  an  extent  not  exceeding  five  per  cent,  of  the 
width  of  the  street  nor  more  than  five  feet  in  any  case.     Nothing 
in  this  article  shall  prevent  the  erection  above  the  height  limit  of  a 
parapet  wall  or  cornice  solely  for  ornament  and  without  windows 
extending  above  such  height  limit  not  more  than  five  per  cent,  of 
such  height  limit,  but  such  parapet  wall  or  cornice  may  in  any  case 
be  at  least  five  and  one-half  feet  high  above  such  height  limit. 

(g)  The  provisions  of  this  article  shall  not  apply  to  the  erection 
of  church  spires,  belfries,  chimneys,  flues  or  gas  holders. 

(h)  Where  not  more  than  50  feet  of  a  street  frontage  would  other- 
wise be  subjected  to  a  height  limit  lower  than  that  allowed  im- 
mediately beyond  both  ends  of  such  frontage,  the  height  limit  on 
such  frontage  shall  be  equal  to  the  lesser  of  such  greater  height  limits. 

(i)  If  an  additional  story  or  stories  are  added  to  a  building  existing 
at  the  time  of  the  passage  of  this  resolution,  the  existing  walls  of 
which  are  in  excess  of  the  height  limits  prescribed  in  this  article, 
the  height  limits  for  such  additional  story  or  stories  shall  be  computed 
from  the  top  of  the  existing  walls  as  though  the  latter  were  not  in 
excess  of  the  prescribed  height  limits  and  the  carrying  up  of  existing 
elevator  and  stair  enclosures  shall  be  exempted  from  the  provisions 
of  this  article. 

ARTICLE  IV. — AREA  DISTRICTS. 

§  10.  Area  districts. — For  the  purpose  of  regulating  and  determin- 
ing the  area  of  yards,  courts  and  other  open  spaces  for  buildings 
hereafter  erected,  the  City  of  New  York  is  hereby  divided  into  five 
classes  of  area  districts:  A,  B,  C,  D  and  E;  as  shown  on  the  area 


BUILDING    ZONE    LAW  589 

district  map  which  accompanies  this  resolution  and  is  hereby  de- 
clared to  be  part  hereof.  The  area  districts,  designated  on  said 
map  are  hereby  established.  The  area  district  map  designations 
and  map  designation  rules  which  accompany  said  area  district  map 
are  hereby  declared  to  be  a  part  thereof.  No  building  or  part  of  a 
building  shall  be  erected  except  in  conformity  with  the  regulations 
herein  prescribed  for  the  area  district  in  which  such  building  is 
located.  Unless  otherwise  expressly  provided  the  term  rear  yard, 
side  yard,  outer  court  or  inner  court  when  used  in  this  article  shall 
be  deemed  to  refer  only  to  a  rear  yard,  side  yard,  outer  court  or 
inner  court  required  by  this  article.  No  lot  area  shall  be  so  reduced 
or  diminished  that  the  yards,  courts  or  open  spaces  shall  be  smaller 
than  prescribed  in  this  article. 

§  11.  A  districts. — In  an  A  district  a  court  at  any  given  height 
shall  be  at  least  one  inch  in  least  dimension  for  each  one  foot  of 
such  height. 

§  12.  B  districts. — In  a  B  district  a  rear  yard  at  any  given  height 
shall  be  at  least  two  inches  in  least  dimension  for  each  one  foot  of 
such  height.  The  depth  of  a  rear  yard  at  its  lowest  level  shall  be  at 
least  10  per  cent,  of  the  depth  of  the  lot,  but  need  not  exceed  10 
feet  at  such  level.  An  outer  court  or  a  side  yard  at  any  given  height 
shall  be  at  least  one  inch  in  least  dimension  for  each  one  foot  of  such 
height.  An  outer  court  at  any  given  point  shall  be  at  least  one  and 
one-half  inches  in  least  dimension  for  each  one  foot  of  length.  But 
for  each  one  foot  that  an  outer  court  at  any  given  height  would,  under 
the  above  rules,  be  wider  in  its  least  dimension  for  such  height  than 
the  minimum  required  by  its  length,  one  inch  shall  be  deducted  from 
the  required  least  dimension  for  such  height  for  each  24  feet  of  such 
height.  A  side  yard  for  its  length  within  50  feet  of  the  street  may 
for  the  purposes  of  the  above  rule  be  considered  an  outer  court. 

J  13.  C  districts. — (a)  In  a  C  district  a  rear  yard  ^at  any  given 
height  shall  be  at  least  three  inches  in  least  dimension  for  each  one 
foot  of  such  height.  The  depth  of  a  rear  yard  at  its  lowest  level  shall 
be  at  least  10  per  cent,  of  the  depth  of  the  lot  but  need  not  exceed 
10  feet  at  such  level.  An  outer  court  or  a  side  yard  at  any  given 
height  shall  be  at  least  one  and  one-half  inches  in  least  dimension 
for  each  one  foot  of  such  height.  An  outer  court  at  any  given  point 
shall  be  at  least  one  and  one-half  inches  in  least  dimension  for  each 
one  foot  of  length.  On  a  lot  not  more  than  30  feet  in  mean  width 
an  outer  court  or  a  side  yard  at  any  given  height  shall  be  not  less 
than  one  inch  in  least  dimension  for  each  one  foot  of  such  height, 
and  an  inner  court  at  anv  given  height  shall  be  either  (1)  not  less 
than  two  inches  in  least  dimension  for  each  one  foot  of  such  height 
or  (2)  it  shall  be  of  an  equivalent  area  as  hereinafter  specified  in 
paragraph  c  of  section  17. 

(b)  If  the  owner  or  owners  of  any  part  of  a  C  district  set  aside 
perpetually  for  the  joint  recreational  use  of  the  residents  of  such  part 
designated  by  them,  an  area  at  least  equal  to  10  per  cent,  of  the  area 
of  such  part  in  addition  to  all  yards  and  court  requirements  for  a 
B  district,  such  part  shall  be  subject  to  the  regulations  herein  pre- 
scribed for  a  B  district.  Such  joint  recreational  space  shall  be  com- 
posed of  one  or  more  tracts,  each  of  which  shall  be  at  least  40  feet 


590  CODE   OF    ORDINANCES   OF   THE   CITY   OF   NEW   YORK 

in  least  dimension  and  5,000  square  feet  in  area  and  shall  be  approved 
by  the  Board  of  Appeals  as  suitable  for  the  joint  recreational  use  of 
such  residents. 

§  14.  D  districts. — (a)  In  a  D  district  a  rear  yard  at  any  given 
height  shall  be  at  least  four  inches  in  least  dimension  for  each  one 
foot  of  such  height.  The  depth  of  a  rear  yard  at  its  lowest  level  shall 
be  at  least  10  per  cent,  of  the  depth  of  the  lot,  but  need  not  exceed 
10  feet  at  such  level.  If  a  building  in  a  D  district  is  located  in  a  resi- 
dence district  as  designated  on  the  use  district  map,  the  depth  of  a 
rear  yard  at  its  lowest  level  shall  be  at  least  20  per  cent,  of  the  depth 
of  the  lot,  but  need  not  exceed  20  feet  at  such  level.  However,  for 
each  one  foot  in  excess  of  10  feet  of  the  depth  of  such  rear  yard  at  its 
lowest  level,  there  may  be  substituted  one  foot  of  depth  of  unoccupied 
space  across  the  whole  width  of  the  front  of  the  lot  at  the  curb  level 
between  the  street  line  and  the  street  wall  of.  the  building. 

(b)  In  a  D  district  an  outer  court  or  a  side  yard  at  any  given  height 
shall  be  at  least  two  inches  in  least  dimension  for  each  one  foot 
of  such  height.    An  outer  court  at  any  given  point  shall  be  at  least 
two  inches  in  least  dimension  for  each  one  foot  of  length.    On  a  lot 
not  more  than  30  feet  in  mean  width  an  outer  court  or  a  side  yard 
at  any  given  height  shall  be  not  less  than  one  and  one-half  inches 
in  least  dimension  for  each  one  foot  of  such  height.    On  such  lot  an 
outer  court  at  any  given  point  shall  be  not  less  than  one  and  one- 
half  inches  in  least  dimension  for  each  one  foot  of  length.    On  such 
lot  an  inner  court  at  any  given  height  shall  be  either  (1)  not  less 
than  three  inches  in  least  dimension  for  each  one  foot  of  such  height 
or  (2)  it  shall  be  of  an  equivalent  area  as  specified  in  paragraph  c  of 
section  17. 

(c)  In  a  D  district  no  building  located  within  a  residence  district 
as  designated  on  the  use  district  map  shall  occupy  at  the  curb  level 
more  than  60  per  cent,  of  the  area  of  the  lot,  if  an  interior  lot,  or 
80  per  cent,  if  a  corner  lot.    In  computing  such  percentage  any  part 
of  the  area  of  any  corner  lot  in  excess  of  8,000  square  feet  shaft  be 
considered  an  interior  lot. 

(d)  If  the  owner  or  owners  of  any  part  of  a  D  district  set  aside 
perpetually  for  the  joint  recreational  use  of  the  residents  of  such 
part  designated  by  them,  an  area  at  least  equal  to  10  per  cent,  of  the 
area  of  such  part  in  addition  to  all  yard  and  court  requirements  for  a 
C  district,  such  part  shall  be  subject  to  the  regulations  herein  pre- 
scribed for  a  C  district.    Such  joint  recreational  space  shall  be  com- 
posed of  one  or  more  tracts,  each  of  which  shall  be  at  least  40  feet 
in  least  dimension  and  5,000  square  feet  in  area  and  shall  be  approved 
by  the  Board  of  Appeals  as  suitable  for  the  joint  recreational  use  of 
such  residents. 

§  15.  E  districts. — (a)  In  an  E  district  a  rear  yard  at  any  given 
height  shall  be  at  least  five  inches  in  least  dimension  for  each  one  foot 
of  such  height.  The  depth  oi  a  rear  yard  at  its  lowest  level  shall  be 
at  least  15  per  cent,  of  the  depth  of  the  lot,  but  need  not  exceed  15 
feet  at  such  level.  If  a  building  in  an  E  district  is  located  in  a  resi- 
dence district  as  designated  on  the  use  district  map,  the  depth  of  a 
rear  yard  at  its  lowest  level  shall  be  at  least  25  per  cent,  of  the  depth 
of  the  lot,  but  need  not  exceed  25  feet  at  such  level.  However,  for 


/  BUILDING   ZONE   LAW  591 

each  one  foot  in  excess  of  10  feet  of  the  depth  of  such  rear  yard  at  its 
lowest  level  there  may  be  substituted  one  foot  of  depth  of  unoccupied 
space  across  the  whole  width  of  the  front  of  the  lot  at  the  curb  level 
between  the  street  line  and  the  street  wall  of  the  building.  In  an  E 
district  on  at  least  one  side  of  every  building  located  within  a  resi- 
dence district  there  shall  be  a  side  yard  along  the  side  lot  line  for  the 
full  depth  of  the  lot  or  back  to  the  rear  yard. 

(b)  In  an  E  district  an  outer  court  or  side  yard  at  any  given  height 
shall  be  least  two  and  one-half  inches  in  least  dimension  for  each  one 
foot  of  such  height.    On  a  lot  not  more  than  50  feet  in  mean  width 
an  outer  court  or  a  side  yard  at  any  given  height  shall  be  at  least  two 
inches  in  least  dimension  for  each  one  foot  of  such  height.    An  outer 
court  at  any  given  point  shall  be  at  least  two  and  one-half  inches  in 
least  dimension  for  each  one  foot  of  length. 

(c)  In  an  E  district  no  building  located  within  a  residence  district 
as  designated  on  the  use  district  map  shall  occupy  at  the  curb  level 
more  than  50  per  cent,  of  the  area  of  the  lot,  if  an  interior  lot,  or 
70  per  cent,  if  a  corner  lot,  and  above  a  level  18  feet  above  the  curb 
no  building  shall  occupy  more  than  30  per  cent,  of  the  area  of  the  lot, 
if  an  interior  lot,  or  40  per  cent,  if  a  corner  lot.    In  computing  such 
percentage  any  part  of  the  area  of  any  corner  lot  in  excess  of  8,000 
square  feet  shall  be  considered  an  interior  lot. 

§  16.  Rear  yards. — (a)  Except  in  A  districts,  for  lots  or  portions 
of  lots  that  are  back  to  back  there  shall  be  rear  yards  extending  along 
the  rear  lot 'lines  of  such  lots  or  portions  of  lots  wherever  they  are 
more  than  55  feet  back  from  the  nearest  street.  Such  rear  yard  shall 
be  at  least  of  the  area  and  dimensions  herein  prescribed  for  the  area 
district  in  which  it  is  located  at  every  point  along  such  rear  lot  line. 
Within  55  feet  of  the  nearest  street  no  rear  yards  shall  be  required. 
No  rear  yard  shall  be  required  on  any  corner  lot  nor  on  the  portion 
of  any  lot  that  is  back  to  back  with  a  corner  lot. 

(b)  Where  a  building  is  not  within  a  residence  district  as  designated 
on  the  use  district  map,  the  lowest  level  of  a  rear  yard  shall  not  be 
above  the  sill  level  of  the  second  story  windows,  nor  in  any  case  more 
than  23  feet  above  the  curb  level.    Where  a  building  is  within  a  resi- 
dence district  the  lowest  level  of  a  rear  yard  shall  not  be  above  the 
curb  level,  except  that  not  more  than  40  per  cent,  of  the  area  of  the 
yard  may  be  occupied  by  the  building  up  to  a  level  18  feet  above  the 
curb  level.    In  the  case  of  a  church,  whether  within  or  without  a  resi- 
dence district,  such  40  per  cent,  may  be  occupied  up  to  a  level  of  30 
feet  above  the  curb  level. 

(c)  Chimneys  or  flues  may  be  erected  within  a  rear  yard  provided 
they  do  not  exceed  five  square  feet  in  area  in  the  aggregate  and  do  not 
obstruct  ventilation. 

(d)  Except  in  A  districts,  where  a  building  on  an  interior  lot  be- 
tween lots  for  which  rear  yards  are  required  runs  through  the  block 
from  street  to  street  or  to  within  55  feet  of  another  street,  there 
shall  be  on  each  side  lot  line  above  the  sill  level  of  the  second  story 
windows  and  in  any  case  above  a  level  23  feet  above  the  curb  level 
a  court  of  at  least  equivalent  area  at  any  given  height  to  that  re- 
quired for  an  inner  court  at  such  height  and  having  a  least  dimension 
not  less  than  that  required  for  an  outer  court  at  the  same  height. 


592  CODE   OF   ORDINANCES  OF  THE  CITY   OF   NEW  YORK 

(e)  When  a  proposed  building  is  on  a  lot  which  is  back  to  back  with 
a  lot  or  lots  on  which  there  is  a  building  or  buildings  having  rear 
yards  less  in  depth  than  would  be  required  under  this  article,  the 
depth  of  the  rear  yard  of  the  proposed  building  shall  not  be  required 
to  be  greater  at  any  given  level  than  the  average  depth  of  the  rear 
yards  directly  back  to  back  with  it  at  such  level,  but  in  no  case  shall 
the  depth  of  such  rear  yard  be  less  at  any  height  than  the  least  di- 
mension prescribed  for  an  outer  court  at  such  height. 

§  17.  Courts. — (a)  If  a  room  in  which  persons  live,  sleep,  work  or 
congregate  receives  its  light  and  air  in  whole  or  in  part  directly  from 
an  open  space  on  the  same  lot  with  the  building,  there  shall  be  at 
least  one  inner  court,  outer  court,  side  yard  or  rear  yard  upon  which  a 
window  or  ventilating  skylight  opens  from  such  room.  Such  inner 
court,  outer  court  or  side  yard  shall  be  at  least  of  the  area  and  di- 
mensions herein  prescribed  for  the  area  district  in  which  it  is  located. 
Such  rear  yard  shall  be  at  least  of  the  area  and  dimensions  herein 
prescribed  for  an  inner  court  in  the  area  district  in  which  it  is  located. 
In  an  A  district,  such  inner  court,  outer  court,  side  yard  or  rear  yard 
shall  be  at  least  of  the  area  and  dimensions  herein  prescribed  for  a 
court  in  such  district.  The  unoccupied  space  within  the  lot  in  front 
of  every  part  of  such  window  shall  be  not  less  than  three  feet,  meas- 
ured at  right  angles  thereto.  Courts,  yards  and  other  open  spaces, 
if  provided  in  addition  to  those  required  by  this  section,  need  not  be 
of  the  area  and  dimensions  herein  prescribed.  The  provisions  of 
this  section  shall  not  be  deemed  to  apply  to  courts  or  shafts  for  bath 
rooms,  toilet  compartments,  hallways  or  stairways. 

(b)  The  least  dimension  of  an  outer  court,  inner  court  or  side  yard 
at  its  lowest  level  shall  be  not  less  than  four  feet,  except  that  where 
the  walls  bounding  a  side  yard  within  the  lot  are  not  more  than  25 
feet  in  mean  height  and  not  more  than  40  feet  in  length,  such  least 
dimension,  except  in  an  E  district,  may  be  not  less  than  three  feet. 
Where  any  outer  court  opens  on  a  street  such  street  may  be  consid- 
ered as  part  of  such  court. 

(c)  The  least  dimension  of  an  inner  court  at  any  given  height  shall 
be  not  less  than  that  which  would  be  required  in  inches  for  each  one 
foot  of  height  for  a  rear  yard  of  the  same  height,  except  that  an  inner 
court  of  equivalent  area  may  be  substituted  for  said  court,  provided 
that  for  such  area  its  least  dimension  be  not  less  than  one-half  c(  its 
greatest  dimension.    If  an  inner  court  is  connected  -with  a  street  by  a 
side  yard  for  each  one  foot  that  such  side  yard  is  less  than  65  feet 
in  depth  from  the  street,  one  square  foot  may  be  deducted  from  the 
required  area  of  the  inner  court  for  each  15  feet  of  height  of  such 
court.    If  the  lot  is  not  required  under  this  resolution  to  have  a  rear 
yard,  an  outer  court,  not  opening  on  a  street,  shall  open  at  any  level 
on  an  inner  court  on  the  rear  line  of  the  lot  and  such  Inner  court  shall 
be  deemed  a  rear  yard  in  such  case. 

§  18.  Area  district  exceptions. — (a)  The  area  required  in  a  court 
or  yard  at  any  given  level  shall  be  open  from  such  level  to  the  sky 
unobstructed,  except  for  the  ordinary  projections  of  skylights  and 
parapets  above  the  bottom  of  such  court  or  yard,  and  except  for  the 
ordinary  projections  of  window  sills,  belt  courses,  cornices  and  other 
ornamental  features  to  the  extent  of  not  more  than  four  inches.  How- 


BUILDING  ZONE  LAW  593 

ever,  where  a  side  yard  or  an  outer  court  opens  on  a  street  a  cornice 
may  project  not  over  five  feet  mto  such  side  yard  or  outer  court 
within  five  feet  of  the  street  wall  of  the  building.  And  provided  that 
in  an  E  district  a  one-family  residence,  detached  on  all  sides  and 
having  on  one  side  a  side  yard  of  a  clear  and  unobstructed  width 
of  not  less  than  five  feet,  may  have  a  cornice  or  eave  projecting  not 
more  than  two  feet  six  inches  into  a  side  yard  on  theopposite  side.* 

(b)  An  open  or  lattice  enclosed  iron  fire  escape,  fireproof  outside 
stairway  or  solid-floored  balcony  to  a  fire  tower  may  project  not 
more  than  four  feet  into  a  rear  yard  or  an  inner  court,  except  that 
an  open  or  lattice  enclosed  iron  fire  escape  may  project  not  more  than 
eight  feet  into  a  rear  yard  or  into  an  inner  court  when  it  does  not 
occupy  more  than  20  per  cent,  of  the  area  of  such  inner  court. 

(c)  A  corner  of  a  court  or  yard  may  be  cut  off  between  walls  of  the 
same  building  provided  that  the  length  of  the  wall  of  such  cut-off 
does  not  exceed  seven  feet. 

(d)  An  offset  to  a  court  or  yard  may  be  considered  as  a  part  of 
such  court  or  yard  provided  that  it  is  no  deeper  in  any  part  than  it  is 
wide  on  the  open  side  and  that  such  open  side  be  in  no  case  less  than 
six  feet  wide. 

(e)  If  a  building  is  erected  on  the  same  lot  with  another  building 
the  several  buildings  shall,  for  the  purposes  of  this  article,  be  con- 
sidered as  a  single  building.     Any  structure,  whether  independent 
of  or  attached  to  a  building,  shall  for  the  purposes  of  this  article  be 
deemed  a  building  or  a  part  of  a  building. 

(1)  If  an  additional  story  or  stories  are  added  to  a  building  exist- 
ing at  the  time  of  the  passage  of  this  resolution,  the  courts  and  yards 
of  which  do  not  conform  to  the  requirements  of  this  article,  the  least 
dimensions  of  yards  and  courts  shall  be  increased  from  the  top  of  the 
existing  yard  or  court  walls,  as  though  they  were  of  the  prescribed 
dimensions  at  such  heights  and  the  carrying  up  of  existing  elevator 
and  stair  enclosures  shall  be  exempted  from  the  provisions  of  this 
article. 

ARTICLE  V.— GENERAL  AND  ADMINISTRATIVE. 

§  19.  Interpretation;  purpose. — In  interpreting  and  applying  the 
provisions  of  this  resolution,  they  shall  be  held  to  be  the  minimum 
requirements  adopted  for  the  promotion  of  the  public  health,  safety, 
comfort,  convenience  and  general  welfare.  It  is  not  intended  by 
this  resolution  to  repeal,  abrogate,  annul  or  in  any  way  to  impair 
or  interfere  with  any  existing  provision  of  law  or  ordinance  or  any 
rules,  regulations  or  permits  previously  adopted  or  issued  or  which 
shall  be  adopted  or  issued  pursuant  to  law  relating  to  the  use  of 
buildings  or  premises;  nor  is  it  intended  by  this  resolution  to  inter- 
fere with  or  abrogate  or  annul  any  easements,  covenants  or  other 
agreements  between  parties;  provided,  however,  that  where  this 
resolution  imposes  a  greater  restriction  upon  the  use  of  buildings 
or  premises  or  upon  height  of  buildings  or  requires  larger  yards, 
courts  or  other  open  spaces  than  are  imposed  or  required  by  such 
existing  provision  of  law  or  ordinance  or  by  such  rules,  regulations 
*  Paragraph  a  of  section  18,  amended  as  above,  September  21,  1917. 


594  CODE   OF   ORDINANCES   OP  THE  CITY   OF  NEW   YORK 

or  permits  or  by  such  easements,  covenants  or  agreements,  the 
provisions  of  this  resolution  shall  control. 

§  20.  Rules  and  regulations;  modifications  of  provisions. — The 
Board  of  Standards  and  Appeals,  created  by  chapter  503  of  the  laws 
of  1916,  shall  adopt  from  time  to  time  such  rules  and  regulations 
as  they  may  deem  necessary  to  carry  into  effect  the  provisions  of  this 
resolution.  Where  there  are  practical  difficulties  or  unnecessary 
hardships  in  the  way  of  carrying  out  the  strict  letter  of  the  provisions 
of  this  resolution  the  Board  of  Appeals  shall  have  power  in  a  specific 
case  to  vary  any  such  provision  in  harmony  with  its  general  purpose 
and  intent,  so  that  the  public  health,  safety  and  general  welfare  may 
be  secured  and  substantial  justice  done.  Where  the  street  layout 
actually  on  the  ground  varies  from  the  street  layout  as  shown  on  the 
use,  height  or  area  district  map,  the  designation  shown  on  the  mapped 
street  shall  be  applied  by  the  Board  of  Appeals  to  the  unmapped 
streets  in  such  a  way  as  to  carry  out  the  intent  and  purpose  of  the 
plan  for  the  particular  section  in  question.  .Before  taking  any  action 
authorized  in  this  section  the  Board  of  Appeals  shall  give  public  notice 
and  hearing. 

§  21.  Unlawful  use;  certificate  of  occupancy. — It  shall  be  unlawful 
to  use  or  permit  the  use  of  any  building  or  premises  or  part  thereof 
hereafter  created,  erected,  changed  or  converted  wholly  or  partly 
in  its  use  or  structure  until  a  certificate  of  occupancy  to  the  effect 
that  the  building  or  premises  or  the  part  thereof  so  created,  erected, 
changed  or  converted  and  the  proposed  use  thereof  conform  to  the 
provisions  of  this  resolution  shall  have  been  issued  by  the  superin- 
tendent of  buildings  of  the  borough  in  which  such  building  or  premises 
is  located,  or,  in  the  case  of  a  tenement  house  as  defined  in  the  Tene- 
ment House  Law,  by  the  tenement  house  commissioner.  In  the  case 
of  such  buildings  or  premises  it  shall  be  the  duty  of  the  superinten- 
dent of  buildings  or  the  tenement  house  commissioner,  as  the  case 
may  be,  to  issue  a  certificate  of  occupancy  within  ten  days  after  a 
request  for  the  same  shall  be  filed  in  his  office  by  any  owner  of  a 
building  or  premises  affected  by  this  resolution,  provided  said  build- 
ing or  premises,  or  the  part  thereof  so  created,  erected,  changed  or 
converted,  and  the  proposed  use  thereof,  conforms  with  all  the  re- 
quirements herein  set  forth.  Under  rules  and  regulations  of  the 
Board  of  Standards  and  Appeals  a  temporary  certificate  of  occupancy 
for  a  part  of  a  building  may  be  issued  by  the  superintendent  of  build- 
ings or  the  tenement  house  commissioner  as  the  case  may  be.  Upon 
written  request  from  the  owner,  the  superintendent  of  buildings  or 
the  tenement  house  commissioner,  as  the  case  may  be,  shall  issue  a 
certificate  of  occupancy  for  any  building  or  premises  existing  at  the 
time  of  the  passage  of  this  resolution  certifying  after  inspection  the 
use  of  the  building  or  premises  and  whether  such  use  conforms  to  the 
provisions  of  this  resolution. 

§  22.  Enforcement,  legal  procedure,  penalties. — This  resolution 
shall  be  enforced  by  the  tenement  house  commissioner,  the  fire  com- 
missioner and  by  the  superintendent  of  buildings  in  each  borough 
under  the  rules  and  regulations  of  the  Board  of  Standards  and  Ap- 
peals. The  tenement  house  commissioner  shall  enforce  the  provisions 
herein  contained  in  so  far  as  they  affect  or  relate  to  tenement  houses 


BUILDING   ZONE   LAW  595 

as  defined  by  the  Tenement  House  Law.  The  superintendent  of 
buildings  shall  in  each  borough  enforce  the  provisions  herein  con- 
tained in  so  far  as  they  relate  to  buildings  or  premises  other  than 
tenement  houses.  The  fire  commissioner  shall  enforce  the  provisions 
herein  contained  in  so  far  as  they  relate  to  the  use  of  completed 
buildings  or  premises,  or  part  thereof,  other  than  tenement  houses. 
For  any  and  every  violation  of  the  provisions  of  this  resolution  or  of 
the  rules  and  regulations  adopted  thereunder,  the  owner,  general 
agent  or  contractor  of  a  building  or  premises  where  such  violation 
has  been  committed  or  shall  exist,  and  the  lessee  or  tenant  of  an  en- 
tire building  or  entire  premises  where  such  violation  has  been  com- 
mitted or  shall  exist,  and  the  owner,  general  agent,  contractor,  lessee 
or  tenant  of  any  part  of  a  building  or  premises  in  which  part  such 
violation  has  been  committed  or  shall  exist,  and  the  general  agent, 
architect,  builder,  contractor  or  any  other  person  who  commits, 
takes  part  or  assists  in  such  violation  or  who  maintains  any  building 
or  premises  in  which  any  such  violation  shall  exist,  shall  be  liable  to 
the  same  legal  procedure  and  the  same  penalties  as  are  prescribed 
in  any  law,  statute  or  ordinance  for  violations  of  the  Building  Code, 
and  for  such  violations  the  same  legal  remedies  shall  be  had  and  they 
shall  be  prosecuted  in  the  same  manner  as  prescribed  in  any  law  or 
ordinance  in  the  case  of  violations  of  said  Building  Code. 

§  23.  Amendments,  alterations  and  changes  in  district  lines.  The 
Board  of  Estimate  and  Apportionment  may  from  time  to  time  on  ita 
own  motion  or  on  petition,  after  public  notice  and  hearing,  amend, 
supplement  or  change  the  regulations  and  districts  herein  established. 
Whenever  the  owners  of  50  per  cent,  or  more  of  the  frontage  in  any 
district  or  part  thereof  shall  present  a  petition  duly  signed  and  ac- 
knowledged to  the  Board  of  Estimate  and  Apportionment  requesting 
an  amendment,  supplement,  change  or  repeal  of  the  regulations  pre- 
scribed for  such  district  or  part  thereof,  it  shall  be  the  duty  of  the 
Board  to  vote  upon  said  petition  within  90  days  after  the  filing  of  the 
same  by  the  petitioners  with  the  secretary  of  the  Board.  If,  however, 
a  protest  against  such  amendment,  supplement  or  change  be  pre- 
sented, duly  signed  and  acknowledged  by  the  owners  of  20  per  cent, 
or  more  of  any  frontage  proposed  to  be  altered,  or  by  the  owners  of 
20  per  cent,  of  the  frontage  immediately  in  the  rear  thereof,  or  by  the 
owners  of  20  per  cent,  of  the  frontage  directly  opposite  the  frontage 
proposed  to  be  altered,  such  amendment  shall  not  be  passed  except 
by  the  unanimous  vote  of  the  Board.  If  any  area  is  hereafter  trans- 
ferred to  another  district  by  a  change  in  district  boundaries  by  an 
amendment,  as  above  provided,  the  provisions  of  this  resolution  in 
regard  to  buildings  or  premises  existing  at  the  time  of  the  passage 
of  this  resolution  shall  apply  to  buildings  or  premises  existing  at  the 
time  of  passage  of  such  amendment  in  such  transferred  area. 

§  24.  Completion  and  restoration  of  existing  buildings. — (a)  Noth- 
ing herein  contained  shall  require  any  change  in  the  plans,  construc- 
tion or  designated  use  of  a  building  lor  which  a  building  permit  has 
been  heretofore  issued,  or  plans  for  which  are  on  file  with  the  building 
superintendent  or  with  the  tenement  house  department  at  the  time  of 
the  passage  of  this  resolution,  and  a  permit  for  the  erection  of  which  is 
issued  within  three  months  of  the  passage  of  this  resolution  and  the 


596  CODE   OF   ORDINANCES   OF  THE   CITY   OF  NEW  YORK 

construction  of  which,  in  either  case,  shall  have  been  diligently  prose- 
cuted within  a  year  of  the  date  of  such  permit,  and  the  ground  story- 
framework  of  which,  including  the  second  tier  of  beams,  shall  have 
been  completed  within  such  year,  and  which  entire  building  shall 
be  completed  according  to  such  plans  as  filed  within  five  years  from 
the  date  of  the  passage  of  this  resolution.  Provided,  however,  that 
any  plan,  other  than  a  plan  for  a  garage  for  more  than  five  motor 
vehicles,  filed  with  the  building  superintendent  or  with  the  tenement 
house  department  on  July  26,  or  July  27,  1916,  and  a  permit  for  the 
erection  of  which  is  issued  prior  to  December  25.  1916,  shall  be 
deemed  to  have  been  filed  at  the  time  of  the  passage  of  this  resolution. 
Provided,  also,  that  the  Board  of  Appeals  may,  after  public  notice 
and  hearing,  extend  for  not  to  exceed  one  year  the  time  within  which 
such  ground-story  framework,  including  the  second  tier  of  beams, 
shall  be  completed  in  any  case,  where,  in  the  judgment  of  said  Board, 
actual  construction  or  fabrication  was  begun  early  enough  to  allow 
under  the  then  existing  conditions  adequate  time  for  completion 
as  above  specified,  and  where  such  construction  or  fabrication  was 
diligently  prosecuted  and  where  such  completion  has  been  prevented 
by  conditions  impossible  to  foresee  and  beyond  the  control  of  the 
owner  and  builder.* 

(b)  Nothing  in  this  resolution  shall  prevent  the  rest-oration  of  a 
building  wholly  or  partly  destroyed  by  fire,  explosion,  act  of  God  or 
act  of  the  public  enemy  or  prevent  the  continuance  of  the  use  of  such 
building  or  part  thereof  as  such  use  existed  at  the  time  of  such  de- 
struction of  such  building  or  part  thereof  or  prevent  a  change  of  such 
existing  use  under  the  limitations  provided  in  section  6.  Nothing 
in  this  resolution  shall  prevent  the  restoration  of  a  wall  declared  un- 
safe by  the  superintendent  of  buildings  or  by  a  board  of  survey. 

§  25.  When  effective. — This  resolution  shall  take  effect  immedi- 
ately. 

Note. — The  Height,  Area  and  Use  District  maps,  which  are  a  part 
of  the  above  resolution,  are  on  sale  in  the  office  of  the  Secretary  of 
the  Board  of  Estimate  and  Apportionment,  Room  1356,  Municipal 
Building.  There  are  111  sections  in  the  complete  set  of  the  Height, 
Area  and  Use  maps.  These  sections  are  sold  for  five  cents  each. 
The  Height,  Area  and  Use  maps  in  bound  form  are  $1  each;  or  $3  for 
the  three  complete  maps. 

*  Paragraph  a  of  section  24,  amended  as  above,  December  15,  1916,  and  October 
19,  1917, 

NOTES 

Validity.  The  Building  Zone  resolution  has  the  legal  effect  of  a  statute.  People 
ex  rel.  Cotton  v.  Leo,  110  Misc.  519;  West  Side  Mtge.  Co.  v.  Leo,  174  N.  Y.  Supp. 
451. 

Section  6.  As  to  the  meaning  of  "  use,"  see  People  ex  rel.  Wohl  v.  Leo,  109  Misc. 
448. 

Section  7.  For  appeals  to  Board  of  Appeals,  subd.  a,  see  People  ex  rel.  Facey  v. 
Leo,  110  Misc.  516,  aff'd  193  App.  Div.  910;  People  ex  rel.  Cotton  v.  Leo,  110  Misc. 
519;  as  to  80%  clause  subd.  g,  see  People  ex  rel.  McAvoy  v.  Leo,  109  Misc.  255. 
Garage,  subd.  e,  may  be  erected.  West  Side  Mtge.  Co.  v.  Leo,  174  N.  Y.  Supp.  451. 

Section  20.  As  to  garage,  see  People  ex  rel.  Sendem  v.  Walsh,  108  Misc.  193. 


ADDENDUM 

An  Ordinance  Fixing  the  Standard  of  Time  throughout  the  City 
of  New  York. 

Whereas,  The  Congress  of  the  United  States  has  over-ridden  the 
veto  of  President  Wilson  in  the  Daylight  Saving  Law,  a  statute 
which  from  a  humanitarian  standpoint  has  contributed  largely  to 
the  comfort,  well-being  and  contentment  of  the  great  body  of  wage 
earners  in  all  the  industrial  centres  of  the  United  States,  without 
detracting  from  a  proper  measure  of  service  to  employers,  which 
has  afforded  the  workman  the  opportunity  to  enjoy  the  society  of 
his  family  by  the  light  of  day,  which  has  enabled  the  bread-winner 
to  spend  more  time  in  the  improvement  of  his  mind  and  body, 
which  has  given  an  extra  hour  of  air  and  sunshine  to  the  toiler  in 
the  shop  and  the  factory  in  the  recuperation  of  health;  and 

Whereas,  This  repeal  was  effected  through  the  mistaken  effort  of 
the  farmer  employer,  inspired  and  augmented  by  the  avarice  and 
selfishness  of  the  lighting  trusts  throughout  the  country;  and 

Whereas,  The  Board  of  Aldermen  of  The  City  of  New  York, 
voicing  the  sentiment  of  the  overwhelming  majority  of  those  who 
labor  in  the  diversified  industrial  occupations  of  the  cosmopolitan 
city,  who  have  realized  through  practical  application  the  great  boon 
of  one  hour's  extra  daylight  for  mental  improvement  and  physical 
recreation,  enacts  the  following  ordinance: 

Be  it  Ordained  by  the  Board  of  Aldermen  of  The  City  of  New  York, 
as  follows. 

That  the  standard  time  throughout  The  City  of  New  York  is  that 
of  the  seventy-fifth  meridian  of  longitude  west  from  Greenwich, 
except  that  at  2  o'clock  ante-meridian  of  the  last  Sunday  in  March 
of  each  year  such  standard  time  throughout  The  City  of  New  York 
shall  be  advanced  one  hour,  and  at  2  o'clock  ante-meridian  of  the 
last  Sunday  in  October  of  each  year  such  standard  time  shall,  by 
the  retarding  of  one  hour,  be  returned  to  the  mean  astronomical 
time  of  the  seventy-fifth  meridian  of  longitude  west  from  Green- 
wich, and  all  courts,  public  offices  and  legal  and  official  proceedings 
shall  be  regulated  thereby. 

Adopted  October  14,  1919.    Approved  October  24,  1918. 


507 


INDEX 

(See  Cross-References,  577,  for  Notes  and  matters  not  in  the  Code 
of  Ordinances) 


Advertisements,  misleading,  forbidden .  .  . 

placards  and  posters,  article  2 

Advertising  vehicles 

Ammunition.     (See  Explosives.) 
Amusements  and  exhibitions.    (See  Motion 

Pictures.) 
licenses  required,  theatre  tickets.  .  .  . 

fees  for 

admission  tickets 

revocation 

unlicensed  performances  enjoined 

amateurs  and  charitable  excepted 

charity  entertainments 

places  of,  exit  requirements 

fire  prevention 

obstruction  of  aisles 

sale  of  liquor 

Sunday  observance 

ticket  speculation 

violations 

Animals.    (See  Sanitary  Code.) 

dog  stealing 

Apartment  houses.     (See  Fire  Prevention.) 

Areas.     (See  St roots.) 

Asylums.     (See  Fire  Prevention.) 

Auctions  in  streets 

Automobiles.      (See  Traffic  Regulations, 
Parks.) 

Awnings,  article  5 .  t 

Auctioneers,  to  be  licensed 


SECTION.     CH. 
1     27 
23 
30    24 


1-lla 

2-3 

3a 

4 

5 

6 

6a 

7 

8 

9 

11 

10 

12 

13 


2    27 


30    23 


23 

la    27 


PAGE. 

570 
498 
551 


32-37 
32 
33 
33 
33 
34 
34 
35 
35 
35 
37 
36 
38 
38 

570 


499 


500 
570 


B 

Balustrades.    (See  Streets,  projections.) 

Barber  poles 

Bathing  in  public 

Bay  windows 


599 


145     23 

3     27 

163     23 


516 
571, 
526 


600 


INDEX 


Bells.    (See  Traffic  Regulations.) 

Billiard  and  pool  tables,  article  2 

Board  meetings  to  be  open  to  public 

Boarding  houses.    (See  Fire  Prevention.) 

Boilers  in  vessels,  tested  by  police 

Bonds  of  city  officers 

Borough  president: 

accounts 

payment  bills 

permits 

receipts,  disposition 

reports 

jurisdiction.     (See  separate  headings 
under  "Streets.") 

city  surveyors,  article  10 

contracts,  article  2 

permits 

public  improvements 

sewers  and  drains 

street  cleaning 

requirements: 

accounts 

payment  of  bills 

receipts,  disposition 

reports 

Bowling  alleys 

Bread,  baking  and  sale 

Bridges: 

names  of 

speed  of  vehicles  on 

Broadway,  projections  thereon  forbidden. 
Building  materials  not  to  obstruct  streets 
Building  Code: 

actions,  article  32 

aisles  and  passageways.    (See  Theatres, 
alterations  of  buildings: 

generally 

frame 

non-fireproof 

must  be  approved 

apartment  houses: 

classified 

construction,  amended 

application  for  permits 

areas 


SECTION.     CH. 

14 

9      1 

1     18 
270      2 


201 
200 
203 
202 
204 


awnings 

balustrades 

base  courses 

bay  windows,  construction  of. 

bathrooms,  light,  ventilation . 

beams.    (See  Iron  and  Steel.) 

wooden 


2 
2 

203  2 
61  2 

1-24  21 

1-24  22 

201  2 
200  2 

202  2 

204  2 
30  14 
30  26 

1  4 

2  4 
160  23 

140-142  23 


1,2  5 

480  5 

73  5 

3  5 


70      5 

7,1-73      5 

3      5 

170 

179 

170 

170 

446 

133 


280      5 


PAGE. 

344 
13 

399 
30 

25 
25 

26 
25 
26 


27 

17 

26 

18 

486 

490 

25 

25 

25 

26 

344 

566 

45 

47 

525 

513 

161 


49 

135 

65 

51 

64 
64 
51 
82 
83 
83 
83 
133 
74 

101 


INDEX  601 

Building  Code — Continued:                          SECTION.    CH.  PAGE. 
bill  boards.    (See  ' '  Streets, ' '  general 
index.) 

brick 23      5  56 

brick  masonry 252      5  96 

building  materials: 

specifications  for 23-31      5  56-58 

strength 50-52      5  58 

buildings: 

classification  of,  article  4 5  64 

to  be  fireproofed 72      5  65 

safeguards  during  construction,   ar- 
ticle 10 5  84 

bulkheads  and  scuttles 425      5  130 

business  buildings,  classified 70      5  64 

light,  air 131      5  74 

cast  iron 30      5  58 

cellars 440-442    5  132 

cement 23      5  56 

certificate  of  occupancy 5      5  53 

chimneys,  article  19 5  122 

collapsed  structures,  article  31 5  156 

columns 52      5  60 

concrete 170,337      5      83,108 

concrete 28      5  57 

for  reinforced  work 332      5  107 

construction,  safeguards  during — art- 
icle 10 5  84 

cornice 170      5  83 

cornices  and  gutter 422      5  130 

courts,  light  in 135      5  75 

curtain  walls.    (See  Walls.) 

dangerous  buildings,  article  31 5  156 

definitions,  amended 2      5  50 

doors,  and  shutters,  fireproof 375      5  120 

doorways 158      5  80 

drainage,  article  20 5  154 

ducts 402      5  127 

dwelling-house,  classified 70      5  64 

elevators,  article  27 560      5  150 

employees  have  right  to  enter  build- 
ings   10      5  55 

enforcement,  article  32 '  5  161 

encroachments,  article  9 5 

excavations 230      5  89 

exit  facilities,  article  8 5  76 

factory 70-73      5  64 

fences 477       5  135 

fire  appliances,  article  28 580      5  153 

162      5  81 

projecting 172      5  83 


602' 


INDEX 


Building  Code — Continued: 

fire  limits.    (See  Frame  Constructions.) 

Manhattan  (subd.  1) 

Bronx  (subd.  2) 

Brooklyn  (subd.  3) 

Queens  (subd.  4) 

suburban  limits 

enlarging  buildings 

repairing  buildings  within 

buildings  in  construction  within. 

frame  buildings  permitted 

fire  partitions .  .  - 

fireproof  construction,  article  17 

fireproofing,  when  required 

iron  and  steel  construction ..... 

floors  and  roofs 

fire  walls  and  shafts,  article  18 

floor  capacities 

floors,  fireproof 

floor  lights 

floor  loads 

flues 

foundations  generally 

foundation  walls 

frame  buildings,  article  22 

gas  appliances 

gutters  and  cornices 

heating  apparatus,  article  19 

heights  of  buildings  defined 

hoistways 

hollow  building  bricks 

hollow  building  blocks: 

fireproof 

masonry 

interior  finish 

iron,  cast 

iron  and  steel  construction,  article  15 

bolting 

cast-iron  columns 

columns  of  steel 

lintels 

rivetting 

trusses 

leaders  and  roofing .  . ' 

light,  article  7 

lime 

loads 

mansard  roofs 

masonry,  article  13 

wall  thicknesses 

masonry-work,  safe  loads  for 

materials;  different  kinds,  article  2. . . 


SECTION.     CH. 


90 

5 

90 

5 

90-95 

5 

90 

5 

91 

5 

92 

5 

93 

5 

95 

5 

96 

5 

372 

5 

5 

72 

5 

351 

5 

354 

5 

5 

55 

5 

354 

5 

444 

5 

52 

5 

392 

5 

232 

5 

236 

5 

470 

5 

600 

5 

422 

5 

5 

2 

5 

374 

5 

29 

5 

371 

5 

254 

5 

356 

5 

30 

5 

300 

5 

307 

5 

300 

5 

301 

5 

303 

5 

306 

5 

305 

5 

423 

5 

5 

25 

5 

53 

5 

427 

5 

5 

257 

5 

53 

5 

5 

PAGE, 

66 

66 

68 

69 

70 

72 

73 

73 

73 

117 

110 

65 

110 

111 

117 

63 

111 

132 

61 

192 

91 

93 

133 

154 

130 

122 

50 

120 

57 

117 

96 

115 

58 

102 

105 

102 

103 

104 

105 

104 

130 

73 

56 

61 

131 

94 

97 

61 

55 


INDEX 


603 


Building  Code — Continued: 

modifications 

mortar 

when  cement  used 

motion-picture  theatres,  article  24 ... 

notices  of  violations 

non-fireproof  buildings 

occupancy 

office  building  classified 

one  story  buildings 

openings,  protection  of 

orders,  article  32 

partition  fences  and  walls,  articles  11 

partitions,  fireproof ed 

penalties 

permits 

pile  foundations 

piping,  article  29 

plans  and  specifications: 

to  be  filed 

must  be  approved  (subd.  5) .... 

plumbing,  article  29 

projections,  article  9 

protection    during    construction — 

article  10 

protection  for  public  in  certain  build- 
ings   

public,  protection  for  in  certain  build- 
ings   

public  buildings: 

classified 

light,  ventilation 

reinforced  concrete  construction,  art.  16 

remedies,  article  32 

repairs,  when  ordinary  are  excepted . . 
residences,  defined 

light,  ventilation 

retaining  walls,  article  11 

roofing,  article  20 

sand 

safeguards: 

against  spread  of  fire,  article  18 

during  construction,  article  10.  . 

sidewalk  sheds 

scope 

shafts,  amended 

schools,  to  be  fireproof 

sheds,  over  sidewalk 

shutters  and  doors,  fireproof 

sky-lights 

sky-lights.  (See  Signs,  general  index.) 
smoke-pipes 


SECTION. 

CH. 

6 

5 

27 

5 

256 

5 

5 

650 

5 

71 

5 

5 

5 

70 

5 

74 

5 

375,  376 

5 

5 

210-215 

5 

355 

5 

654 

5 

3,4 

5 

235 

5 

5 

3 

5 

4 

5 

600 

5 

5 

5 

490-493 

5 

490-493 

5 

70 

5 

132 

5 

5 

5 

3 

5 

70 

5 

130 

5 

211 

5 

5 

24 

5 

5 

5 

191 

5 

1 

5 

373 

5 

70 

5 

191 

5 

375 

5 

425 

5 

403 


PAGE. 

54 

56 

97 

137 

161 

65 

53 

64 

66 

120 

161 

87 

114 

165 

51 

92 

154 

51 

52 

154 

82 

84 
136 
136 

64 

74 

106 

161 

52 

64 

73 

87 

129 

56 

116 

84 

85 

49 

118 

64 

85 

120 

130 

128 


604  INDEX 

Building  Code — Continued:  SECTION.    CH.        PAGE. 

stairs: 

interior 153      5               77 

exterior 154      5               79 

fire  towers 155      5               79 

standpipes 581       5              153 

steam  or  hot  water  pipes 400      5              129 

steel: 

cast 30      5               58 

structural 30      5               58 

steel  and  iron  construction,  article  15.  5              102 

steps 170      5               82 

tanks 428      5             131 

temporary  supports,  article  10 5               84 

tenement  houses  classified. . . .  >. 70      5               64 

theatres,  article  25 141 

theatres,  motion-pictures,  article  24 .  137 

timber  construction,  article  14 100 

treads  in  7-story  buildings 150      5               65 

unsafe  buildings,  article  31 . 156 

vaults  under  sidewalks 170      5               83 

vent  flues 401      5             127 

ventiliation,  article  7 73 

violations,  article  32 5             161 

walls.    (See  Masonry,  article  13.) 

wood  construction,  article  14 5             100 

working  stresses  and  loads,  article  3 .  5               58 

Building  Zone  Law 581 


C 

Cabs.    (See  Hacks.) 

Cellar  doors  and  steps.    (See  Streets). 

Charities  (public); 

institutions,  admission  to 1      6             168 

libraries 3      6             168 

inmates,  classification 2      6             168 

employment  and  discipline 46             168 

instruction 2      6             168 

Chauffeurs.    (See  Hacks.) 

Chimney  fires 30    12             338 

City  debt,  regulations,  article  1 2               14 

City  flag 3      1               11 

seal 2       1                 9 

City  Magistrates' Courts 4    27             571 

City  marshal: 

badges  of 230      2 

impersonating  forbidden 231-2      2               27 

City  officers'  bonds 270      2 

City  surveyors,  rules  and  regulations 240-244    2  27 

Civil  service.    (See  Officers  of  City.) 

Coal,  sale 31    26            566 


INDEX  605 

SECTION.  CH.  PAGE. 

Commissioner,  acting,  may  be  appointed. .  71  12 

Common  shows,  regulations  concerning.  .          60-62  3  44 

Comptroller,  custodian  certain  papers .  .  .  170  2  25 
Contracts  for  work  or  supplies  for  city: 

general  provisions 60  2  18 

borough  improvements 61  2  18 

plans  and  surveys 62  2  18 

proposals  for  estimates  to  be  issued. .  63  2  18 

form 64  2  18 

estimates: 

contents 65  2  19 

"estimate  box" 66  2  19 

execution 65  2  19 

opening 66  2  19 

samples 67  2  19 

contract: 

award 66  2  19 

bond 72  2  20 

filing  with  comptroller 61  2  18 

extra  work 77  2  22 

indemnity  clause 71  2  20 

payments: 

general 73  2  21 

in  installments 68  2  20 

certificate  of  amount  due 74  2  21 

delayed.  . 78  2  .  22 

inspection  (assessment  work) ...  75  2  22 

inspector  and  surveyor's  affidavits  76  2  22 

security  for 68  2  20 

non-performance  of 72  2  20 

protection  against  accidents 70  2  20 

reletting 72  2  20 

report  of  outstanding 79  2  22 

snow  removal,  pay  of  workmen 71  2  20 

Corporation  counsel,  article  8 26 

Corrections,  department  of 1-7  7  170 

manufacturing  fund 4  7  171 

Courtyards.    (See  Streets.) 


Dealers  in  second-hand  articles,  article  4.  14  345 

Definitions 1       1  8 

Department,  acting  head  may  be  designated  71  12 
Department  of  Charities,  general  provisions  1-4      6  .  168 
Department  of  Corrections,  general  provi- 
sions    1-7      7  170 

Department  of  Docks  and  Ferries,  general 

provisions 8  173 

Department  of  Parks,  general  provisions. .  17  .  386 

Dirt  carts,  Article  5 14  348 


606  INDEX 

Docks,  ferries  and  harbor  control:                 SECTION.  CH.  PAGE. 

cargoes,  rules  and  regulations 60-64  8  181 

definitions 1  8  173 

protection  of  navigation: 

dredging 50  8  179 

dumping 122  8  185 

obstructions 120,  121  8  185 

removal  of  refuse  from  vessels  123  8  186 
water-front  property: 
apportionment: 

canal  boats 13  8  174 

city  purposes,  generally  10  8  173 

floating  baths 11  8  173 

garden  produce 14  8  174 

oysters  and  other  shell  fish  15  8  175 

recreation  piers 12  8  174 

improvement: 

general  provisions. ....  30  8  176 

floating  docks.  ...  34  8  178 

opening  pavements  33  8  177 
platforms  for  fish 

trade 32  8  177 

sheds  on  piers.  ...  31  8  176 

violations 35  8  178 

maintenance: 

cleaning,  dredging  and 

repairing 50  8  179 

incumbrances  and  ob- 
structions: 

removal 54  8  180 

sale 55  8  180 

storage 53  8  180 

vehicles 56  8  181 

violations 57  8  181 

overloading  with  cargo.  51  8  179 

obstructions 52  8  179 

wharfage,  rules  and  regulations..  80-90  8  182 

Dog-stealing  forbidden 2  27  570 

Drains.    (See  Sewers.) 

E 

Electrical  Control: 

armored  work 427  9  211 

cut  outs 567  9  243 

definitions 1  9  187 

electric  signs 583  9  257 

fixtures 577  9  252 

fuses 568  9  244 

general  provisions,  article  1 9  187 

generators 201  9  191 

inside  work,  article  4 9  200 


INDEX  607 

Electrical  Control — Continued:  SECTION.     CH.        PAGE. 

motors 208      9             194 

outside  work 31a      9             197 

rosettes 571       9             249 

signalling  systems 685      9             258 

switchboards 203      9             193 

switches,  cut-outs,  etc 419      9             203 

violations 700      9             262 

wireless  telegraph  apparatus 686      9             261 

wires,  general 416      9             201 

Electric  signs,  general  provisions 215      23           534 

Elevated  railroads.    (See  Railroads.) 

Employees  of  city,  hours  of 8      1               12 

Employees.    (See  Officers  and  Employees 
of  City.) 

Employment  bureau,  public,  article  12 —  2               29 

Encroachments    and    projections.      See 
Streets.) 

Encroachments  on  park-streets 60-62     17             394 

Excavations,  article  9 23             505 

Explosives: 

alcohols,  article  21 .* . . .  10             318 

ammunition,  article  5 10             285 

blasting  caps 67     10             281 

bonds,  article  3 10             270 

calcium  carbide,  article  16 10             308 

certificates,  article  2 10             268 

charitable  institutions 45     10             275 

chemical  supply-houses,  article  24. .  .  10                     320 

combustible  mixtures,  article  10 ....  10             299 

definitions 1     10             264 

drug-stores,  retail,  article  25 

drug-stores,  wholesale,  article  24 ....  320 

dry-cleaning,  article  13 .. 305 

dyeing  establishment,  article  13 305 

explosives,  regulations,  article  4 10             275 

fees,  article  3 10             270 

fireworks,  article  6 

garages,  article  11 

gases  under  pressure,  article  17 

general  provisions,  article  1 

inflammable  mixtures,  article  9 296 

kerosene  oil,  article  8 10             291 

liquors,  distilled,  article  21 10 

matches,  article  7 10             290 

motion-picture  films,  article  20 

motor  cycle  repair  shops,  article  14.  .  10             307 
motor  vehicle   repair    shop,    article 

12.                                   .    10             304 

nitre-cellulose,  article  19 10 

oils  and  fats,  article  22 10             318 

oils  (mineral),  article  8 10             291 


608  INDEX 

Explosives — Continued:  SECTION.    CH.         PAGE. 

paints,  article  15 10  307 

permits,  article  2 10  268 

petroleum,  article  8 10  291 

powder,  article  4 276 

refrigerating  plants,  article  18 

storage.    (See  separate  heads.) 

technical  establishments,  article  23.  .  10  319 

transportation.     (See  separate  heads) 

violations 300     10 

Expresses  and  expressmen: 

charges 64     14.  349 

denned 60     14  348 

license  fee 61     14 

licensed  drivers  required 

proprietor's  bond 63     14 

Exterior  hoists,  article  7 14  349 


Fifth  Avenue,  street  restrictions 61     17  395 

Films  for  motion  pictures.    (See  Explosives. ) 

Fine  for  all  violations 10    27  574 

Fire-arms: 

cannon  firing,  regulated 330 

carrying  or  keeping  pistols,  permits. .  1     11 

discharging  guns,  prohibited  generally  2     11  329 

where  permitted 2     11  329 

sale  of  toy-pistols  prohibited 3     11  330 

violations 5     11  331 

Fire  extinction: 

fire-alarm  telegraph 5     12  333 

firehose 3     12  333 

fire  hydrants 4     12  333 

idlers  at  fires 2     12  333 

lighted  matches 7     12 

streets  fires,  permits  required. 6     12 

violations 8     12  334 

Fire  extinguishing  appliances.     (See  Fire 
Prevention.) 

Fire   prevention.      (See   Building   Code; 
Amusements,  Ch.  3.) 

appliances  where  required 20,  21     12  335 

ashes  29     12  338 

barns  and  stables 28     12 

charitable  institutions 

chimneys  and  flues 30     12 

diagrams  of  exits 335 

elevator  in  readiness :  20a     12  335 

fire  drills  in  schools 22     12  336 

lights 336 

modifications 26     12  338 


INDEX  609 

Fire  Prevention  —  Continued:                         SECTION.  CH.  PAGE. 

smoking,  where  forbidden  ........  27  12  338 

storage  combustible  fibre  ..........  24  12  336 

wooden  packing  boxes  .........  25  12  337 

vessels  ..........................  30a  12  338 

violations..  ......  ____  ..  .  .........  31  12  338 

watchmen  in  certain  buildings     ....  21  12  335 

Firewood,  sale  of  .....................  32  26  569 

Fireworks.    (See  Explosives.) 

Flags    (See  Streets.)    aldennanic  .......  4a  1  11 

city  .............................  3  1  11 

in  city  hall  ......................  51  11 

mayor's  .........................  4  1  11 

Floating-baths  .......................  3  27  571 

Flower-pots,  prohibited  on  window  ledges.  250  23  540 

Food.    (See  Sanitary  Code.) 

not  to  be  destroyed  ...............  9a  27  574 

G 

Garages.    (See  Explosives.) 

Glass,  not  to  be  thrown  on  street  .......  253  23  540 

Guards  necessary  for  excavations  .......  3  23  497 


Hacks,  cabs,  taxicabs  and  sight-seeing  cars: 

commissioner  of  licenses  controls  ........  82  14  351 

defined,  respectively  ..............  80  14  350 

drivers'  licenses: 

application  ..................  90  14  353 

applicant's  photograph  ........  92  14  354 

examination  .................  91  14  354 

fee  ..........................  96  14  355 

form  and  term  ...............  93  14  354 

record  .......................  98  14  355 

renewal  .....................  95  14  355 

revocation  ...................  98  14  355 

suspension  ...................  98  14  355 

licensed  driver's  badge  ............  94  14  354 

licensed  vehicles,  inspection  ........  88  14  353 

licenses  for  vehicles: 

application  ..................  83  14  351 

fees  .........................  86  14  352 

inspection  ...................  84  14  352 

license  card  and  plate  .........  85  14  352 

register  ......................  87  14  353 

revocation  ...................  89  14  353 

suspension  ...................  89  14  353 

passengers'  property  found  in,  disposi- 

tion ...........................  107  14  359 

public  garage  ....................  108  14  359 


610 


INDEX 


Hacks,  etc. — Continued:                                SECTION.  CH.  PAGE. 
rates  of  fare: 

generally 102  14  357 

overcharge -  105  14  359 

prepayment 103  14  358 

settlement  of,  disputed 104  14  358 

taximeters 101  14  357 

soliciting  passengers,  "cruising" 106  14  359 

stands: 

designation 99  14  355 

former,  abolished 99  14  355 

regulation  of  hacks  at 100  14  356 

taximeters,  requirements  as  to 101  14 

violations;  punishment 109  14  360 

Hand  organs: 

must  be  licensed 170  14  368 

restrictions  as  to  operation 171  14  368 

Health.    (See  Sanitary  Code.) 

Hoists,  exterior,  article  7 14  349 

Hospitals: 

patients  in  emergency  cases 1  13 

city  employees 5  13  340 

incurable 2  13  340 

insane 3  13  340 

non-resident 4  13  340 

Hydrants.    (See  Water  Supply.) 


Ice.    (See  Markets.) 
Incumbrances    and    obstructions. 
Streets.) 


(See 


Junk  dealers,  article  9 
Juror's  fees 


14 
5    27 


360 
571- 


Lamp-posts,  erection  of  ornamental 145    23 

Letter-boxes 6    27 

Licenses: 

amusements  and  exhibitions: 

common  shows 60-62      3 

motion  pictures 30-44      3 

theatres,  etc 1-13      3 

bathing  establishments,  article  17 ...  14 

business: 

billiard  and  pool  tables,  article  2 

bowling  alleys,  article  3 14 

dealers  in  second-hand  articles, 

article  4 .... 
dirt  carts,  article  5 14 


516 
572 


44 

38-43 

32-38 

370 

344 
344 

345 
348 


INDEX  611 

Licenses — Continued:                                    SECTION.    CH.  PAGE. 

express  and  expressmen,  article  6.  14  348 

exterior  hoists,  article  7 14  349 

hacks,  cabs  and  taxicabs,  article  8  14  350 

junk  dealers,  article  9 14  360 

lessees  of  tenements,  article  16 ..  14  370 

pawnbrokers,  article  9a 14  362 

peddlers,  hawkers  and  venders, 

article  10 14  363 

public  carts  and  cartmen,  article  11  14  364 

public  porters,  article  12 14  366 

shooting  galleries,  article  13 14  368 

street  musicians,  article  14.  ...  14  368 

massage  institutes,  article  15 ...  14  369 

rules  and  regulations,  article  1 14  341 

charges 5     14  343 

issue 3     14  342 

suspension 5     14  343 

Lights,  fixed  in  streets,  article  11 23  510 

Lights  necessary  for  excavations 3    23  497 

M 

Markets  (public): 

general  provisions,  article  1 15  372 

location,  article  2 15  373 

farmer  and  market  gardens,  article  3  15  379 

ice,  manufacture  and  sale  of,  article  4 .  15  380 

Massage  institutes,  article  15 14  369 

Mayor,  may  reward  apprehension  criminals  130      2  24 

Monuments,  article  6 23  501 

Motion  pictures.    (See  Building  Code.) 

defined 30      3  38 

operators  of  machines 43      3  42 

private  exhibitions 42      3  42 

theatres,  to  be  licensed 31-33      3  39 

exceptions 32a      3  39 

exits  and  aisles 34      3  40 

films 35      3  40 

fire  appliances 36      3  40 

heating 37      3  40 

lighting 38       3  40 

public  morals     41       3  42 

sanitation 40      3  41 

ventilating 39      3  40 

violations 44      3  43 

Motion-picture  films.    (See  Explosives.) 
Motor  vehicles.    (See  Traffic  Regulations, 

Parks,  Streets. 
Municipal  civil  service.     (See  Officers  of 

City.) 

Municipal  explosive  regulations.    (See Ex- 
plosives.) 


612 


INDEX 


N 

Navigation.    (See  Docks.) 

Noises.  (See  Sanitary  Code.)  SECTION.  CH.  PAGE. 

generally 130  23  511 

hand  organs 170  14  368 

hospital  streets 131  23  511 

itinerant  musicians 171  14  368 

junkmen 512 

peddlers,  hawkers  and  venders 133  23  512 

rattling  metal  135  23  512 

school  streets 132  23  511 

showmen 136  23  512 

Numbering  houses,  article  10 23  509 

O 

Obstructions    and    incumbrances.      (See 
Streets.) 

Office-hours  of  city  employees 8       1  12 

Officers  and  employees  of  city: 

hours  of  service,  July  and  August ...  3     16  385 

must  be  residents 1     16  384 

reinstatement,  fire  ahd  police:  depart- 
ments    10     16  385 

vacations,  salaried  employees 

per  diem  employees 2     16      375-384 

Ordinances,  proposed,  to  be  printed 61  11 

adopted,  to  be  printed 6      1  12 

Organ  grinders 170     14  368 

Ornamental  projections 166    23  527 

P 

Packing  boxes,  permits  to  store  required .  25     12             337 

Parks: 

botanical  gardens 71     17             398 

building  and  other  projections  in,  arti- 
cle 3 1       17             394 

games 15a     17 

general  provisions,  article  1 17             386 

news-stands . 66-17     17             396 

traffic  regulations,  article  2 390 

trees  in  streets 70     17             397 

violations 72     17 

Park-streets,  projections  upon,  article  3. .  17 

Pavements  to  be  repaired 181     23 

Paving  sidewalks,  article  15 

Pawnbrokers,  article  9a 

Peddlers,  hawkers  and  venders,  article  10  363 

not  to  make  noises 133     23             512 

traffic  regulations 13    24             545 


INDEX 


613 


SECTION.      CH.  PAGE. 

Penalty,  fine  for  all  violations 10    27  574 

Pistols  or  revolvers.     (See  Fire-Arms.) 

Police  and  Fire 1,5     19  399 

Pool,  billiard  and,  tables,  article  2 14  344 

Porches.    (See  Streets.) 
Porters.    (See  Public  Porters.) 

Posts  and  poles 145     23  516 

Poultry  for  sale 34     26  569 

Projections    and    encroachments.       (See 
Streets.) 

Projections  on  park-streets 60-62     17  394 

Public  administrator,  article  11 2  28 

Public  carts  and  cartmen,  article  11 14  364 

Public  employment  bureau,  article  12. ...  2  29 

Public  markets.    (See  Markets.) 

Public  porters,  article  12 14  366 

Q 

Queens,  county  clerk's  fees 7    27  572 

R 

Railroads.    (See  Sanitary  Code.) 

elevated  not  to  drop  articles 1     19  401 

grade  crossings 32     19  404 

Long  Island  railroad 31     19  403 

Park  Avenue  tunnel 30     19  403 

passengers 4     19  401 

street: 

head-lights  required 10     19  402 

licenses 11     19  402 

transfer  to  car  ahead 12     19      389-403 

trunk-line  road  not  to  block 33     19  404 

violations 34     19  404 

Real  estate.    (See  Building  Zone  Law.) 

Real  estate  of  city,  article  3 2  22 

Real  property,  denned 1       1  8 

Refuse  and  rubbish,  article  2 22  490 

Repeal  of  existing  ordinances 1     28  575 

Riverside  Drive,  street  restrictions 62     17  395 

Rubbish  and  refuse,  article  2 22  490 

Rules  of  the  Road.    (See  Traffic  Regula- 
tions.) 

S 

Safeguards.    (See  Fire  Prevention;  Traffic 

Regulations.) 
Sanitary  Code: 

adulterated  food,  sale  forbidden ....  139    20  439 


614  INDEX 

Sanitary  Code — Continued:  SECTION.  CH.        PAGE. 

alcohol,  medicated 130  20             433 

denatured 131  20             433 

animals: 

cattle,  care  of 14,  15  20 

contagious  diseases 4  20             410 

cows,  care  of 12,13  20             412 

dead 9  20             411 

dogs,  to  be  muzzled,  no  nuisance      17,  227  20    413,  461 

fowls  (live) 19  20 

glanders,  farcy,  testing  horses ...      2,  3,  21  20 

horses,  cattle,  etc.,  yarding  of. .  .  11  20             412 

pigeons 20  20 

rabid  and  vicious 10  20             411 

sale  of  small 18  20 

sick  and  injured 5-8  20             410 

bakeries,  denned 1  20             406 

barber  shops  regulated 335  20             479 

bathing  establishments 340,  341  20 

bichloride  of  mercury,  sale  regulated  125  20 

births  to  be  reported 31,33  20 

boarding  house,  defined 1  20             406 

buildings: 

dangerous  conditions  to  health. .  52,  53  20 

dwellings 54  20             419 

lodging-houses  not  to  be  over- 
crowded   56  20             420 

responsibility  of  owner,  lessee,  etc.  51  20 

roof  and  sky-lights  to  be  in  repair  59  20 

schools,  churches,  etc 57  20             420 

sleeping  in  cellars  forbidden. ...  62  20             421 

stables 58  20             420 

theatres,  manufactories,  etc 55  20             420 

walls  and  ceilings  to  be  clean ...      t         60  20 

water  tanks  on  roofs 61  20 

businesses  forbidden,  article  17 20 

camps,  tents  and 

carbolic  acid,  sale  regulated 123  20 

carcasses 172  20             450 

chemist,  certificate  of  to  be  presumptive  188  20 

children,  care  of,  article  11 20  456 

cold  storage: 

food  to  be  marked 72  20 

sold  only  as  such 75  20 

time  kept 73  20             422 

contractors  to  comply  with  S.  C.. .  .  .  182  20 
dead  bodies  of  human  beings,  article  3 

deaths  to  be  reported 32  20 

definitions 1  20             406 

diseases,  article  7 

disinfection  of  premises 101  20 

dispensaries 223  20             461 


INDEX  615 

Sanitary  Code — Continued:                           SECTION.  CH.  PAGE. 

drainage,  article  14 20  470 

drink,  food  and,  article  9 20  436 

drugs  and  medicines,  article  8 428 

habit  forming,  article  8a 20  434 

eggs,  "spots"  forbidden 331  20  478 

employers  to  prevent  diseases 337  20  479 

fats,  rendering  and  melting 329  20  478 

false  statements 36  20  416 

filling  in  land 252  20  469 

food  and  drink,  article  9 20  436 

food  gelatin 178  20  452 

food  in  cold  storage 71  20  421 

garbage,  article  13 20  463 

habit  forming  drugs 127  20  432 

hair  brushes  and  hair  cloth 230  20  462 

heating  of  railroad  cars,  buildings ...     225,304  20    461,475 

hospitals  to  have  permits 220  20  460 

houseboats 360  20  484 

ice  cream    170  20  449 

adulterated 177  20  451 

infectious  diseases,  article  7 423 

inspectors  not  to  be  interfered  with. .  186  20  455 
lodging-house: 

not  to  be  overcrowded 56  20  420 

regulated 334  20  479 

manure,  article  13 463 

manufactories 55  20  420 

marriages  to  be  registered 34  20  415 

medical  examiners,  article  6 20  422 

meat.    (See  Food  and  Drink.) 

midwifery 196  20  456 

milk: 

adulterated,  amended 151  20  443 

adulterated  skimmed 173  20  450 

adulterated  prohibited 152  20 

bottles  and  cans  amended 159  20  446 

buttermilk 158  20  446 

condensed 154  20  444 

grades  and  designatives 156,  157  20  445 

modified  milk 155  20  445 

reconstituted 174-176  20  450 

medical  examiners,  duties  of 80  20 

misfeasance  and  nonfeasance 181  20  454 

noise  from  animals  and  birds,  forbidden  215  20 

noise  from  bells  and  gongs  forbidden. .  228  20  462 

noise  from  automobiles  forbidden. .  .  .  229  20  462 
nuisance.    (See  Article  13.) 

from  cinders,  odors,  etc 212  20  458 

responsibility  owner,  lessee,  etc.  .       51,183  20    418,454 

to  be  abated 185  20  455 

dogs  not  to  commit 227  20  461 


616 


INDEX 


Sanitary  Code — Continued: 

nurses 

occupations  forbidden,  article  17. ... 

offensive  materials,  article  13 

omnibuses,  article  15 

orders  Board  of  Health  to  be  obeyed. . 

owner,  responsible  for  nuisances .... 

oysters.    (See  Shellfish.) 

patent  medicines 

physician,  defined . 

physicians  to  be  registered 

plumbing,  article  14 

poison,  sale  regulated 

public  place,  defined 

railroad  cars,  article  15 

refuse,  article  13 

sale  of  food  and  drink 149 

school  children  to  have  health  certif- 
icates  

school,  requires  permits 

seamen,  vessels  and,  article  18 

sewerage,  article  14 . .. 

shellfish 

slaughtering 

smoke,  dense  discharge  of,  forbidden 

smoking  in  subway 

spitting  forbidden , 

storage.    (See  Cold  Storage.) 

streets: 

cleaning  regulated 

dirt  not  to  obstruct 

obstructions  forbidden 

tents  and  camps 

theatre,  defined 

thermometer,  clinical 

tobacco  manufacturing 

towels,  not  to  be  used  in  common. .  . 

trades,  what  is  forbidden,  article  17 . 

undertakers  require  permit 

vacant  lots,  to  be  fenced  and  clean . . 

vessels  and  seamen,  article  18 

violations 

water,  drinking,  article  9 

wood  alcohol,  sale  regulated 

poisoning,  to  be  reported 

work-rooms 

Sales  in  streets,  article  4 

Saving  clause  as  to  ordinances  repealed. . 

Seal  of  city 

Second-hand  articles,  dealers  in,  article  4 
Sewers  and  drains: 

borough  presidents'  control 


SECTION.    CH. 

219    20 

20 

20 

20 

184    20 
51,  183    20 

117    20 

1    20 

218    20 

20 

122    20 

1     20 

20 

20 

150,160    20 

200     20 

222     20 

20 

20 

164-171     20 

325-327    20 

211     20 

216    20 

213    20 


311  20 
313    20 

312  20 
217    20 

1  20 
190    20 
338  '  20 
214     20 

20 

46  20 
251  20 

20 
224  20 

20 

124    20 

106    20 

55    20 

23 

2  28 
2       1 

14 

1     21 


PAGE. 

460 
476 
463 
474 
455 
418,  454 

429 
406 
460 
470 
431 
406 
474 
463 
442 

457 
460 
481 
470 

448 
477 
458 
459 
458 


475 
475 
475 
459 
406 
456 
480 
459 
476 
418 
469 
481 
461 
436 
432 
428 
420 
499 
575 
9 
345 


INDEX 


617 


Sewers  and  drains — Continued:  SECTION.     CH.        PAGE. 

construction,  article  2 21              486 

mode  and  materials 10    21             486 

companies  to  be  notified  of  changes  in  14    21             488 

injury  to 23     21             489 

obstructions  of 20    21             488 

prohibited  discharges  into;  steam  and 

hot  water 22    21             488 

volatile  inflammable  oils 21     21             488 

violations 24    21             489 

water  connections 15     21             488 

Shows.     (See  Amusements,  Motion  Pic- 
tures; Common  Shows.) 

Showcases 147     23             517 

Shooting  galleries 160     14             368 

Show  windows 163     23             526 

Sidewalks.    (See  Streets.) 

Signals.    (See  Traffic  Regulations.) 

Signs  and  show  bills.    (See  Streets ;  Electric 
Signs.) 

Sinking  Fund,  regulations,  article  1 2               14 

Smoke  and  smoking.    (See  Sanitary  Code.) 

Snow  and  ice.     (See  Street  Cleaning.) 

Speed.     (See  Traffic  Regulations.) 

Speed  of  vehicles  on  bridges 2      4               47 

Standard  of  time  fixed 597 

Stands  within  stoop  lines 149     23             517 

Stoops.    (See  Streets.) 

Storm-doors 150    23             521 

Street,  meaning  of 1       1                 8 

Street  railroads.    (See  Railroads.) 

Street  cleaning: 

owners  to  reimburse  expense  removal  1     22             490 

refuse  and  rubbish,  article  2 22             490 

snow  and  ice,  article  3 22             492 

Street  musicians: 

hand-organ  grinders 170     14             368 

street  musicians 171     14             368 

Streets.    (See  Sanitary  Code.) 

advertising  matter,  distributing  in .  .  10     23             498 
assemblies: 

disorderly 23     23             499 

public  worship 20     23             498 

street  shows 22     23             499 

auctions 30    23             499 

awnings 40-44    23  500 

barriers,  guards  and  lights 3    23             497 

bill-boards  (theatrical) 12     23             498 

boundaries  and  monuments 50-52     23  501 

cleaning.    (See  Street  Cleaning.) 

closing,  temporarily 1     23             496 

construction  and  repairs 60-65    23  502 


618 


INDEX 


Streets — Continued:  SECTION.  CH.  PAGE. 

curbing 62  23  502 

debris  of  construction,  removal 65  23  504 

disturbance  of  surface 80-82  23  504 

elevated  railroads;  droppings  from.  .  1  19  401 

excavations,  amended 90-98  23  505 

flags,  display  of 24  23  499 

flower  pots  on  window  ledges 250  23  540 

glass,  throwing  on  street 253  23  540 

grade  crossings 32  19  404 

gutter  stones 63  23  503 

hospital 131  23  511 

house  numbering 110-112  23  509 

landmarks,  disturbance 50-52  23  501 

lights 120-122  23  510 

loafers  and  loungers 23  23  499 

mortar  mixing  on  pavement 142  23  514 

monuments,  boundaries  and,  article  6  23  501 

motors,  warning  devices,  required. .  .  .  132a  23  512 

musicians 170-171  14  368 

naming  of,  restrictions 254  23  541 

noises 130-136  23  511 

obstructions  and  encumbrances 140-152  23  513 

barber  pole 145  23  516 

building  materials 142  23  514 

earth,  rocks  and  rubbish 143  23  515 

hoistways 148  23  517 

house-moving 144  23  516 

ornamental  lamp-posts 145  23  516 

posts  and  poles 145  23  516 

railroad  trains 33  19  404 

removal  of 151  23  521 

show-cases 147  23  517 

stands  within  stoop-lines 149  23  517 

storm-doors 150  23  521 

vehicles  and  merchandise 152  23  522 

paving.  .  . 60  23  502 

pipes,  mains,  laying  of,  article  19.  ..  23  541 

projections  and  encroachments 160-170  23  525 

areas 161  23  526 

balustrades 162  23  526 

bay  windows 163  23  526 

cellar  steps 164  23  527 

courtyards 165  23  527 

ornamental 166  23  527 

park-streets 60-62  17  394 

porches,  platforms,  stoops 167  23  527 

restricted  streets 160  23  525 

show  windows 163  23  526 

public  worship  in 20  23 

replacement  of  pavement 96  23  507 

restricted  against  peddlers 133  23  512 


INDEX 


619 


Streets — Continued: SECTION. 

sales  (salted  meat  and  fish) 31 

school 132 

sidewalk  bridges 141 

sidewalks 141 

boardwalks 183 

cariageways  across 184 

composition 180 

defacement  or  injury 187 

interference  with 186 

owners  may  lay 185 

paving 180 

owners,  duties 181 

subway  gratings,  sweepings  into  188a 

violations 189 

signs  and  show  bills: 

electric  signs 215 

existing  signs 218 

general  provisions . .. .  210 

ground  and  roof  signs 211 

ground  signs 212 

public,  protection  of 222 

roof  signs 213 

unlawful 217 

unsafe 216 

wall  signs 214 


stands  within  stoop-lines, 
tan  bark,  use  of . 


(See  Obstructions.) 

252 
251 


throwing  missiles  forbidden 

traffic  regulations.    (See  Traffic  Regu- 
lations.) 

trees  and  shrubs  in 70 

unsafe  conditions,  precautions,  article  2 

vaults  and  cisterns 240-244 

width  (Brooklyn) 64 

Sunday  amusements,  ball  games 10,  lOa 

Surface  railroads.    (See  Railroads.) 


CH. 

23 

23 

23 

23 

23 

23 

23 

23 

23 

23 

23 

23 

23 

23 

23 
23 
23 
23 
23 
23 
23 
23 
23 
23 

23 
23 


17 
23 
23 
23 
3 


PAGE. 
500 

511 
514 
514 
529 
529 
529 
530 
530 
530 
529 
529 
531 
431 

534 
536 
532 
532 
533 
536 
533 
536 
536 
534 

540 
540 


397 
490 
537 
503 
36 


Taxes  and  assessments: 

apportionment 266      2 

fees  for  bills  and  searches 265      2 

Taxicabs.    (See  Hacks.) 

Tenements,  lessees  of,  article  16  14 

Theatres.    (See  Amusements;  Motion  Pic- 
tures; Fire  Prevention;  Building  Code.) 

Throwing  stones,  prohibited 251     23 

Ticket  speculators 12      3 

Time,  standard  of,  fixed 

Traffic  regulations: 

advertising  vehicles 30    24 

Amboy  road,  restrictions 30a    24 


30 
29 

370 


540 

38 

597 

551 
552 


620 


INDEX 


Traffic  regulations — Continued:                    SECTION.  CH.  PAGE. 

bicycles 31  24  552 

city  owned  automobiles 33  24  552 

drivers,  age  limit 10  24  542 

driving  (rules  of  the  road) 11  24  543 

automobile  stop  signal 11  24  543 

crossing  streets 11  24  543 

keeping  to  right 11  24  543 

meeting 11  24  543 

obstructing  traffic 11  24  544 

overloading  team 11  24  544 

overtaking 11  24  543 

slowing-up  signal 11  24  543 

slow-moving  vehicles 11  24  543 

standing  at  curb 11  24 

stopping 11  24  544 

stop  signal  to  motor  cars 11  24  544 

turning 11  24  543 

horses,  to  be  fastened 11  24  544 

enforcement 42  24  555 

ice  wagons,  projecting  scales 35  24  553 

lights 12  24  544 

marking,  when  required 40a  24  555 

motor  vehicle  mufflers 36  24  553 

Ocean  parkway,  restrictions. ...  37  24  553 

park  regulations 30-43  16  390 

peddlers,  fenders  and  hawkers: 

standing 13  24  545 

streets  restricted  against 13  24  545 

police  to  enforce 42  24  555 

processions  and  parades 38  24  554 

racing  in  streets 34  24  553 

reasonable  care  required 

riding  on  back  of  vehicles 14  24  547 

right  of  way,  amended 15  24  547 

roadway,  defined 1  24  542 

sidewalks: 

driving  across 16  24  548 

obstructing 16  24  548 

sleighs,  bells  required 39  24  555 

speed  of  vehicles: 

general  provisions,  amended. ...  17  24  549 

approaching  bridges 17  24  549 

8-mile  rate 17  24  548 

meeting  street  cars 17  24  549 

on  congested  streets 17  24  549 

overtaking  street  cars 17  24  549 

passing  public  schools 17  24  549 

turning  corners 17  24  549 

unrestricted  vehicles 17  24  550 

stops,  amended 18  24  550 

trade  wagons 40  24  555 


INDEX  621 

Traffic  regulations — Continued:  SECTION.  CH.  PAGE. 
vehicles: 

defined 1  24  542 

marking  of,  required 40a  24  555 

obstructing  sidewalks 16  24  548 

Traffic  regulations  in  parks,  article  2 17  390 

U 

Uniformed  force,  article  2 18  399 

V 

Vaults  and  cisterns,  article  17 23  537 

Vehicles.    (See  Traffic  Regulations.) 

Vessels.    (See  Docks.) 

Violations.    (See  separate  articles.) 

fine  for 10    27  574 

W 

Waste  material,  sale  of 11       1  13 

Water  front  property.    (See  Docks.) 

Water  front  property,  meaning  of 1       1  8 

Water  supply: 

general  provisions,  article  1 25  556 

rents  and  charges,  article  2 25  557 

use: 

private  traffic  in 41     25  560 

washing  down  from  house  con- 
nections   42    25  561 

watering  horses 44    25  561 

Weights  and  measures: 

bureau,  power  and  duties,  article  1 .  .  26  562 

regulation  and  testing,  article  2 . .  26  563 

coal 31     26  566 

Wharfage.    (See  Docks.) 

Z 

Zone  Law.    (See  Building  Zone  Law.) 


62( 
TJT 


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